Representing Seamen & Offshore Workers in San Antonio, Texas
The services offshore workers provide are incredibly valuable, and their work is rarely easy. Physically grueling labor and hazardous conditions are common. At Arnold & Itkin, we understand that these men and women are often put in harm’s way unnecessarily. Our San Antonio offshore injury attorneys believe that the ocean should be a safe place to earn a living, and we fight to hold negligent employers accountable when they put their workers at risk. Putting profit or convenience before the safety of offshore workers should never be acceptable.
After you’ve been injured at sea, we can help you fight for compensation to cover:
Offshore workers have different rights than those on land, and after an accident has occurred, you’ll want to work with an attorney who understands the laws that govern your injury case. The San Antonio maritime attorneys at Arnold & Itkin understand the law and know how to assert your rights. We know the lengths that employers will go to in order to avoid taking responsibility for the harm they have caused, and we know how to meet any challenge they throw our way.
We will not settle for less than you deserve. No matter what.
Understanding Maritime Law & How It Impacts You
When the United States was part of the British colonies, maritime law was the law.
Because of this, many of the nation’s current maritime laws have been influenced by old laws. In particular, maintenance and cure is a concept that has been part of working offshore for centuries. Maintenance and cure refers to the responsibility that vessel owners have for their crew’s safety. When a crew member is injured, employers are obligated to make sure they receive medical care and compensation until they’ve reached the best recovery possible.
Despite being governed by some of the oldest, most well-established set of laws, offshore work remains dangerous for workers. From the docks of harbors to the cargo ships that make industry possible, workers face considerable danger. That’s why our San Antonio maritime lawyers work to protect the interests of workers have they’ve been injured working offshore. Suffering workers deserve more than what their companies typically offer to them.
When the United States was part of the British colonies, maritime law was the law.
Because of this, many of the nation’s current maritime laws have been influenced by old laws. In particular, maintenance and cure is a concept that has been part of working offshore for centuries. Maintenance and cure refers to the responsibility that vessel owners have for their crew’s safety. When a crew member is injured, employers are obligated to make sure they receive medical care and compensation until they’ve reached the best recovery possible.
Despite being governed by some of the oldest, most well-established set of laws, offshore work remains dangerous for workers. From the docks of harbors to the cargo ships that make industry possible, workers face considerable danger. That’s why our San Antonio maritime lawyers work to protect the interests of workers have they’ve been injured working offshore. Suffering workers deserve more than what their companies typically offer to them.
Arnold & Itkin fights to make sure they get it.
Does the Law Protect Maritime Workers?
Yes, modern laws exist that provide protections to seamen as well as longshore and harbor workers. While maintenance and cure is part of the core of maritime law, the United States has new laws that help correct parts of this maritime law that no longer serve the modern offshore worker.
There are four important maritime laws workers should know about:
These laws help injured seamen and harbor workers recover losses associated with an accident that extend beyond what maintenance and cure would provide. Each provides important paths toward compensation that workers can use to obtain the compensation they deserve from negligent parties that failed to protect their safety.
Common Maritime Injuries & Accidents in San Antonio
Working in and around ships is dangerous. Because of this, employers, vessel owners, and supervisors are responsible for making sure workers are safe. By holding negligent parties accountable, our San Antonio offshore injury law firm has two goals. First, we want to make sure those wronged by unsafe work practices offshore receive the compensation they need. Second, we hope to deter other companies from allowing negligence to creep into their operations as well.
Common accidents our San Antonio maritime law firm helps people recover from include:
Diving accidents
Crane failures
Vessel collisions
Slips and falls
Dangerous equipment
Explosions and fires
Lift accidents
Post-traumatic stress
Protecting San Antonio Workers Injured in Offshore Oil Rig Accidents
While many residents of San Antonio work in oil exploration on land, many commute to the Texas harbors to be taken offshore to work. On oil rigs, workers often have 12-hour shifts and don’t see land for up to two weeks at a time. It’s a demanding job—both physically and mentally—that’s seven times deadlier than the average workplace in the nation. However, just because workers have a dangerous job doesn’t mean accidents that harm them are excusable. Companies know how to mitigate these accidents and they have no moral or legal excuse when a preventable accident occurs.
A Potentially Overlooked Danger of Hazardous Offshore Work: The Commute
As dangerous as it is to work offshore on an oil rig or a seafaring vessel, it is often getting to the hazardous worksite that proves to be the deadliest part of the job. Between trips on small vessels or taking a helicopter to an oil rig, offshore workers face many life-threatening risks just trying to report to or return from work. There is also the commute on land that can threaten serious harm to offshore workers.
For example, if you're commuting on I-37 to Port Aransas on Mustang Island or to Corpus Christi, then the high speed limits and congested traffic are ripe for vehicle accidents to occur. Commuting to Houston involves the notoriously dangerous I-10, which not only holds the distinction of being the deadliest Texas interstate for trucking accidents, but it is also where tens of thousands of personal vehicles are involved in serious and deadly wrecks.
According to the Texas Department of Transportation (TxDOT), I-10 reports more than 21,000 vehicle accidents every single year. The Central Segment of I-10 includes San Antonio, and that section of I-10 reported roughly 38,488 crashes from personal vehicles alone between 2015 and 2021, with even more crashes involving commercial vehicles. The East Segment of I-10, the stretch of this corridor that runs through Houston, is where almost half of these vehicle accidents (49% of them) occur. To make your way to Galveston also will involve I-10, as well as Galveston Causeway, the only direct option for reaching the island. Whatever the route you take, long drives, dramatic turns in weather, construction zones, and dense traffic all create significant risks for maritime workers, who face these job-related hazards on land before they're even out on the water.
Helping Families Who Lost a Loved One in an Offshore Accident: A Testimonial
Even though this husband and father had worked for his company for 14 years, they left his widow and daughter without the financial benefits they were owed. They wouldn’t even cover the costs for a funeral.
They turned to lawyers, and then they kept getting dropped or ignored.
Then they found Arnold & Itkin, who promptly responded and started helping.
“I always knew they had our best interests at heart, that they cared about us.”
It doesn’t matter how long someone worked for their company. Even in the face of tragedy, an offshore company is still going to put their bottom line ahead of honoring workers and helping their surviving family members. Even in such dark times, however, a legal advocate can make a difference. At Arnold & Itkin, we can provide personal support for families who are dealing with the unthinkable, and we can help them not only recover financial compensation, but we can also help them demand a measure of justice and find some closure. You can learn more about how we helped these clients in the video below.
Offshore Injury Lawyers Who Are Uniquely Qualified for the Fight
Countless people have turned to us after catastrophic events, and we’ve helped them find the confidence and ability to move forward. Our lawyers have gone against formidable legal teams that were representing behemoth international corporations, and we have come away with life-changing, even record-breaking results for our clients.
For this consistent track record, our lawyers have been nationally recognized and received some of the highest industry honors by The Inner Circle of Advocates, Forbes, Best Lawyers, Super Lawyers, and many others. More importantly, we are trusted and recommended by the amazing people we have had the honor of representing. By looking through our case results and our client reviews, you can understand the caliber of our law firm’s work ethic and legal advocacy.
Our offshore accident case results include and are not limited to:
A settlement for $193 million recovered on behalf of pipeline explosion victims.
A settlement of $125 million for the widow of dredge worker killed in an offshore explosion.
A recovery of $49.5 million won for man injured on offshore platform.
A settlement of $40 million for an injured Jones Act seamen.
A recovery of $29 million won in the largest known settlement for an offshore wrongful death.
Fighting for Offshore Workers in San Antonio. No Matter What.
If you’ve suffered because of an offshore accident or harbor incident that should have been prevented, help is available. Our team has helped workers and their families secure the justice they deserve, including those who survived the Deepwater Horizon disaster. We’ve recovered billions of dollars for clients and are ready to start fighting for you.
Have you suffered an offshore injury? Give us a call today at (888) 493-1629 for your free consultation! We serve clients in San Antonio, Bexar County, and throughout Texas.
Visit Our Personal Injury Office in San Antonio, TX
Arnold & Itkin LLP 100 NE Loop 410, Suite 650, San Antonio, TX 78216 Open 24 Hours
CommonQuestions
Do I Have a Personal Injury Lawsuit?
Wondering if you have a personal injury lawsuit? First, you need to determine if your injury was caused by someone else’s negligence or carelessness. This could be anything from a business not keeping their premises safe, leading to a fall, to a defective product causing harm. Second, you need to show this negligence directly led to your injuries. For instance, if a poorly maintained piece of equipment at work resulted in an accident, that connection needs to be clear. Finally, you need to prove that due to your injury, you suffered actual damages such as medical bills, lost income, or pain and suffering. All personal injury lawsuits are unique, so it’s important to talk to an experienced Texas personal injury lawyer about what happened to you. They can evaluate your case and guide you through the legal process, advocating on your behalf. We encourage you to get in touch with an attorney immediately to learn more.
What Are the Damages for Personal Injury in Texas?
In Texas, if you've been injured, you may be entitled to various types of compensation, categorized into economic, non-economic, and exemplary damages. Economic damages cover financial losses such as medical expenses, lost wages, and property damage. Non-economic damages cover intangible losses such as pain and suffering, emotional distress, and the impact on your quality of life. Exemplary damages are aimed at punishing the offender for reckless actions and deterring similar behavior in the future. There are limits on how much you can claim in certain cases, especially against medical professionals or government entities. Because of these complexities, it is important that you consult with a knowledgeable Texas injury attorney to ensure you receive the full, fair compensation you deserve.
What Does Litigation Mean in a Personal Injury Lawsuit?
When referring to personal injury lawsuits, “litigation” refers to the legal steps that are taken to seek full, fair compensation for the harm that was caused by someone else’s negligence or deliberation actions. This starts when the individual, also referred to as a plaintiff, files a lawsuit against a defendant. The defendant may be the individual or entity responsible for the injuries. The defendant then has a chance to respond to these allegations. Following this, both parties engage in what is known as the discovery process to exchange information and then prepare for trial. During this process, both parties can engage in settlement negotiations to try and reach an agreement; however, if that does not work, the case will proceed to trial where the outcome will be determined by a judge or jury.
Our firm takes cases on a contingency fee basis, which essentially means our clients only pay us if we win their case. There's no upfront payment, bills, or invoices. We cover everything so our clients can focus on getting better.
How Much Is My Personal Injury Case Worth?
Your case’s worth depends on the losses you’ve suffered as a result of your injuries, as well as the severity of the injuries. The total value of your medical bills, lost wages, lost future income, and future treatment costs will make up at least some of your case’s worth. People with life-altering injuries can also add the cost of their loss in quality of life, like physical pain, mental anguish, emotional distress, or loss of consortium. The easiest way to determine the value of your personal injury claim is by speaking with our team during a free consultation.
What Happens If You’re Injured While You're at Sea?
When an accident happens at sea, what often happens is that injured offshore workers are taken back to shore for medical treatment. At the same time, their company may pressure them to sign documents waiving the worker’s rights or absolving the company of liability. However, as an offshore worker, you’re entitled to maintenance and cure, i.e. the full cost of your medical care and basic needs while you recover.
What’s an Offshore Injury Lawyer? Should I Hire One?
An offshore injury lawyer focuses on handling cases for offshore workers and their families after an injury or wrongful death. They help the workers or their families recover medical costs, lost wages, and other damages resulting from the offshore accident. Most personal injury lawyers have not handled these types of cases before. If you’ve been injured at sea, you should speak with one of our Houston offshore injury attorneys at Arnold & Itkin as soon as possible, if only to learn your options from an experienced team. Your employer already has a team of highly paid lawyers advocating for them. You deserve one of your own.
What Types of Accidents Does an Offshore Attorney Cover?
Offshore injury attorneys represent workers in virtually any accident that occurs at sea. Explosions, toxic exposure, equipment collapses, falls, drowning, and inadequate medical response are just a few of the accident types our Houston law firm has successfully investigated for injured clients. Offshore injury lawyers can also file claims under general maritime law, the Jones Act, the Death on the High Seas Act, and others.
What If I Can’t Afford an Offshore Injury Lawyer?
You can afford a good offshore injury lawyer, no matter what. Our Houston law firm accepts cases on a contingency fee basis, which means we take no fee upfront. We cover the cost of investigation, filing, and case preparation from beginning to end and only get paid if we win the case. That means we take all the risk. As a result, everyone has access to justice.
What Is the Jones Act?
The Merchant Marine Act—commonly referred to as the Jones Act—was passed in 1920. Among other things, it provides protections to offshore workers. Before the Jones Act, injured offshore workers couldn’t hold companies liable for negligence and could only seek damages for the immediate costs of their medical care and living expenses. With the Jones Act, workers can seek compensation for the full scope of damages caused by an offshore accident. Our Texas Jones Act lawyers are ready to help you do exactly that.
What Can I Recover with an Offshore Injury Case?
Offshore injuries can be life-changing. When a worker is injured offshore, filing a Jones Act claim can get them compensation for lost wages, medical bills, the loss of the ability to work, and the costs of future care. Every case is unique, and understanding what you might be able to recover is vital. Call (888) 493-1629 for a free consultation.
Can I File Suit After a Loved One Was Killed Offshore?
As the family member of a seaman or offshore worker, you could have a case under the Death on the High Seas Act (DOHSA). This law allows for the recovery of financial compensation when a family loses a loved one at sea as a result of negligence or an unseaworthy vessel. If you have a valid DOHSA case, you could seek compensation for lost wages, loss of consortium, pain and suffering, and more.
Can I Get Blacklisted from Work for Suing My Employer?
No, a person cannot get blacklisted from the offshore industry for suing their employer. Company owners have spread this myth across the industry with the hope that it will deter workers from holding them accountable in court. Our Texas offshore injury firm has never seen this blacklist, and many of our clients have returned to working offshore after their cases.
Should I Accept My Company’s Settlement Offer?
After an accident, workers want to believe their company will treat them right. This isn’t unreasonable. It's exactly what should happen. However, if a company offers a settlement shortly after an incident, it’s important to avoid signing or accepting without talking to an attorney. While it might seem like a company is doing the right thing, they usually aren’t. Often, settlements are much lower than a worker deserves, and they’re designed to absolve a company of liability as cheaply as possible. Speaking with our lawyers will help you decide if your settlement offer is fair, what the value of your case might really be, and if you should file a claim.
What Commonly Causes Ambulance Accidents?
There are about 6,500 ambulance accidents in the United States each year, and traffic collisions involving emergency vehicles are responsible for approximately $35 billion annually. Nearly two out of three ambulance accidents occur during emergency use when rushing to the scene of an injury or transporting a patient to the hospital. These accidents can be attributed to driver negligence, equipment malfunction, defective auto or ambulance parts, or hazardous roads. Because the ambulances are driving quickly and navigating through traffic and intersections, they are more likely to be involved in collisions if any of those four factors are present.
Who’s Responsible for Ambulance Accidents?
If you were injured as a patient being transported in an ambulance, while driving another vehicle that was struck by an ambulance, or as a pedestrian or cyclist, you probably want to know who is to blame. The way to find out is by investigating the collision and determining each factor that led to its occurrence. For example, this may be a driver who was texting while driving, a siren that failed to engage to warn traffic, or an ambulance driver who failed to observe emergency protocol when traveling through an intersection. Once the cause is determined, we can decide who should be held accountable. It may be the ambulance company and its driver, another motorist, a manufacturer, or any other party that contributed to the collision.
What Should I Do After an Ambulance Accident?
The first thing to do after any accident is to seek medical care. If you were driving a vehicle that was involved in a collision with an ambulance, you will also need to exchange contact and driver information with the other driver. Once you’ve received the treatment you need, you should consider involving a legal professional. A lawyer who understands ambulance accident cases can help you get the treatment and financial support you need, in spite of any efforts by the other driver or the insurance company to try to delay payment or undervalue your claim. At Arnold & Itkin, we put our clients’ needs first and never back down. With so much on the line, only the best Houston personal injury lawyers will do.
When Should I Call an Abilene Personal Injury Attorney?
While every situation is different, we recommend talking to an attorney as soon as possible after any serious injury or accident. The first thing to do is seek medical care, but once you've seen a doctor, don't wait to call in a professional. From workplace accidents to motor vehicle crashes to oilfield explosions, people who have experienced the unthinkable are in difficult situations. You may think that your employer will put your health and safety first. You may hope that your insurance provider will pay your claim quickly and fairly. All too often, this is not the case. Getting an Abilene personal injury attorney involved early in the process is your best chance to get the medical care you need and the financial compensation you deserve.
What Is My Abilene Personal Injury Claim Worth?
No two personal injury cases are the same, so it is impossible to say what your case may be worth without evaluating every impact your injury has had and will have on your life. The value of your case will depend on the cost of your medical care and ongoing treatment, what wages you have lost and may be unable to earn in the future, the pain and suffering you've endured, and any other losses. You may also be entitled to punitive damages, which are meant to penalize the at-fault party in instances of gross negligence or wrongdoing. Our attorneys can talk to you about what compensation you may be entitled to receive in your injury case.
How Can I Find the Best Personal Injury Lawyer for My Case?
Finding the best personal injury lawyer is about more than years of experience, customer service, or even past results. It's about finding the best lawyer for your case. This means finding a legal professional who makes you feel comfortable, confident, and supported—because you know they will do everything in their power to seek the best outcome for you and your family. At Arnold & Itkin, we're known for winning. This isn't just because we're the most experienced or the most aggressive in the courtroom. It's because we care about our clients.
What Are Common Causes of Plane Accidents?
Plane and helicopter crashes are not usually the result of a single cause, but the combination of factors. Maybe someone didn’t check the weather before takeoff. Maybe another person failed to do a maintenance check. Maybe the instrumentation was poorly built. As a result, there are usually multiple parties responsible. It’s our job to find all of them and ensure they are held accountable.
Are There Different Types of Aviation Accidents?
Yes. While the most severe aviation accidents are crashes, aviation accidents have five types: mid-air accidents, mid-air collisions, ground collisions, taxiing accidents, and landing accidents. Accidents can occur aboard a perfectly functional plane or might happen on the tarmac before the plane is in the air. Our firm has investigated a variety of aviation accidents, allowing us to understand the factors at play.
Who Is Responsible for an Aviation Accident?
Because an aviation accident is typically the result of numerous failures occurring at once, the parties responsible can include the pilot, ground crew, parts manufacturer, or airline itself. Investigating fault involves not just looking at the actual equipment that may have failed, but also looking at how policies and decisions led to the accident, and who can be held accountable for those decisions.
How Many Aviation Accidents Happen Each Year?
According to the Aviation Safety Network (ASN), there were an average of 14 fatal aviation accidents involving commercial passenger and cargo planes each year over the past 5 years, worldwide. An average of 345 people lost their lives in these aviation accidents each year. According to early data from the National Safety Council (NSC), there were 1,139 civilian aircraft accidents in 2020, just in the United States. These accidents caused 349 deaths. Aviation accidents are rare, but when they do happen, they often cause catastrophic injuries or the deaths of many, if not all, passengers on board.
Do I Need an Aviation Accident Attorney?
If you lost someone you love in a helicopter or plane crash or were injured in any way at an airport or on a plane, you should talk to an attorney about your rights and options. Taking legal action might not be the first thing on your mind, but you deserve to know why the accident happened and who is responsible. Working with an aviation accident attorney gives you the opportunity to get answers and hold all at-fault parties accountable, bringing a sense of closure and the chance to recover compensation that can help you provide for yourself and your family.
What Roles Do the NTSB & FAA Play After a Crash?
The National Traffic Safety Board (NTSB) and the Federal Aviation Administration (FAA) are both government agencies that may be involved in investigating aviation accidents. They may investigate the circumstances to determine what caused the accident and, therefore, what can be done to improve safety to prevent future occurrences. Additionally, the FAA regulates the aviation industry and air traffic control.
What Will It Cost to Hire Your Aviation Accident Firm?
There is no upfront cost when you work with our aviation accident law firm. We work on contingency, which means we only get paid if and when we recover a settlement or award on a client’s behalf. Our fees will be paid out of the final settlement or award, typically based on a predetermined percentage and agreement. You don’t have to worry about coming up with retainers or finding money when you’re already struggling to make ends meet. Our goal will be to help you get answers and secure a life-changing recovery.
What If I Lost a Loved One in an Aviation Accident Overseas?
Aviation accidents that occur in international waters may be covered by the Death on the High Seas Act (DOSHA), which includes deaths that occur more than 12 nautical miles from American shores. Under DOSHA, the family of a person who lost their life in an airplane accident overseas may be able to pursue compensation and hold negligent parties accountable. Our aviation accident lawyers have extensive experience with DOSHA and how it applies to airplane accidents in international waters.
What Does the Breast Implant Recall Do & What Implants Does It Affect?
Allergan textured breast implants account for approximately five percent of implants in the United States. Other implants produced by Allergan, such as Allergan’s NATRELLE smooth implants or MICROCELL breast implants and tissue expanders, are not affected by the recall. A recall means that Allergan’s BIOCELL implants are to no longer be sold in the United States and that doctors will no longer use them. In addition to its United States recall, the company has also issued an international recall.
Do Allergan Biocell Textured Breast Implants Pose a Higher Risk of Cancer?
Dr. Jennifer Ashton, the chief medical correspondent for ABC News, says that the risk for those with textured breast implants is one in 3,800 on the high side and one in 30,000 on the low side. Those with Allergan BIOCELL breast implants are at a higher risk to develop cancer. The FDA found that out of 573 global instances of BIA-ALCL, 481 are attributed to Allergan implants. This means that Allergan BIOCELL textured breast implant recipients have a six times greater chance of developing BIA-ALCL when compared to recipients of other implants.
What Type Of Implants Do I Have?
If you are not sure which type of breast implants you have, your best option is to contact the medical professional who implanted them. Additionally, those with medical implants receive a card from the manufacturer with information about them. Locating this card will help you determine which breast implants you have.
What Does The FDA Suggest People With Textured Implants Do?
Currently, the FDA does not recommend that those free of BIA-ALCL symptom have their implants removed. Instead, the administration has urged those with textured implants to monitor and report any changes to their healthcare provider. Cancer from textured implants can take years to develop, so the FDA suggests close and regular monitoring for symptoms.
What Can Those Suffering From BIA-ALCL Do?
If you’re suffering from BIA-ALCL because of Allergan implants, help is available. Arnold & Itkin fights for the compensation that clients need after suffering from the irresponsible behavior of pharmaceutical companies. We’ve taken on some of the largest pharmaceutical companies in the world, including Johnson & Johnson, and we have won billions in record-setting victories so clients could get their lives back on track.
What Are The Elements Of A Claim Alleging A Breach Of Fiduciary Duty?
A lawsuit alleging a breach of fiduciary duty must include four key elements. The first is that a fiduciary duty existed. The second is that it was breached. The third is that the plaintiff suffered quantifiable harm. The fourth brings it all together and shows causation: that the defendant’s breach of fiduciary duty was the cause of the plaintiff’s losses. For a breach of fiduciary lawsuit in Houston, TX, cause may be established through a preponderance of the evidence. Unlike criminal cases that require guilt to be proven beyond a reasonable doubt, the burden in civil cases is based on a majority of evidence—a more than 50 percent chance that the claim is true.
In Which Business Relationships Do Fiduciary Duties Apply?
Fiduciary duties apply in many different types of business relationships. They apply to individuals and organizations that have the power and responsibility to act in the interests of another. The following are examples of fiduciary relationships: employee to employer; trustee to beneficiary; agent to principal; broker to client; director of a corporation to shareholders; financial advisor to client; and attorney to client. When a fiduciary relationship exists and it is breached in any way, the party who has suffered harm as a result can turn to the courts to recoup their losses. A civil lawsuit can be filed against the party that committed the alleged breach. The wronged party will have the burden of proving that the breach occurred and caused their losses.
What Damages May I Be Entitled To In A Breach Of Fiduciary Duty Lawsuit?
The purpose of a lawsuit alleging a breach of fiduciary duty is to allow the wronged party the chance to recoup his or her losses. This may include lost profits, lost income, out-of-pocket losses, and all financial losses caused by the breach now and into the future. This may also include non-economic damages, such as mental anguish or pain and suffering. In some cases, punitive damages may be awarded to punish the responsible party for their wrongdoing. The value of a case will depend on the extent of damage the breach caused and what it will take to help the wronged party rebuild.
Can I Sue When a Business Interferes with My Clients?
Yes, by filing a tortious interference suit. Tortious interference with contracts includes cases where a defendant intentionally causes a client of yours to breach a contract or become unable to fulfill their obligations under a contract. Tortious interference with business relations includes cases where the defendant engages in wrongful conduct (e.g. defamation) that results in losses to the business.
Can I Sue a Financial Advisor?
If a financial advisor mismanaged your money through poor investments or deception, you may be able to sue them for financial malpractice. The law provides for the ability to seek damages against financial advisors for breach of fiduciary duty, misrepresentation, securities fraud, or deceptive trade practices.
Can I Sue for Breach of Verbal Contract?
While written contracts are easier to enforce, verbal contracts can still be legally binding in some cases. Contracts that must be in writing (under Texas law) include real estate transactions and leases or commissions for oil and gas drilling. Outside of those areas, verbal contracts can be enforced, which means you can sue for a breach.
What’s a Complex Business Dispute?
Complex business disputes arise from litigating two different types of commercial situations: when multiple parties are involved in a dispute (e.g. shareholders, officers, board members, and subcontractors), or when litigation must take place in multiple venues (i.e. state and federal court). These cases are highly technical and require a great deal of skill to resolve in your favor.
What’s a Houston Serious Injury Lawyer?
A Houston serious injury lawyer helps those with catastrophic injuries recover as much as possible from their accident. Since serious accidents are often life-altering and require extensive care, hiring a Houston catastrophic injury lawyer can help you receive the full amount of compensation that you deserve rather than part of it. With a serious injury law firm, you can secure the finances required to live the rest of your life as comfortably as possible after your accident.
What's Classified as a Catastrophic Injury?
Medically and legally, a catastrophic injury is any injury that impairs a person’s cognitive function, mobility, or quality of life permanently or long-term. Aside from that definition, a catastrophic injury can be almost anything: a lost limb, paralysis, brain damage, burns, psychological trauma, loss of hearing or vision, or even a debilitating illness.
What Should I Expect from My Catastrophic Injury Attorney?
You need an attorney who will answer your questions and return your calls quickly. Truly great lawyers will do more than that—they’ll make you feel welcome, calm your fears, help you set accurate expectations, and help you with more than just the legal paperwork. We often help our clients find excellent medical specialists, check in on their progress, and handle negotiations for medical bills as well as insurance claims. And, of course, we’ll aggressively litigate your case against whomever you’re facing.
How Much Will It Cost to Take My Case?
Our clients never get a bill or an invoice for our services. People who’ve been in catastrophic accidents deserve justice, regardless of how much money they have saved up in the bank. Our firm takes cases on a contingency fee basis, so we handle all the costs of every case upfront. We get a portion of the resulting verdict or settlement, only if we win.
Can I Hire a Texas Lawyer If I Live in Another State?
Absolutely. When you’ve got a case with lifelong implications, you need the freedom to choose the best lawyer for the job, no matter where they are. Our firm has represented clients from all 50 states, providing people nationwide with the support they needed to rebuild their lives after a catastrophic injury. Speak with us today to discuss your options.
How Much Time Do I Have to File a Claim?
In Texas, the statute of limitations for a personal injury case is two years from the date of injury. Other states have different deadlines. Your time to act may be short, so if you or a loved one has been injured or made ill, then speak with our firm as soon as possible.
What Should I Do If I’ve Been Injured in Dallas?
After any accident or injury, your immediate focus should be on receiving medical care. Even if you don't feel severely injured, it's important to get checked by a medical professional, as some injuries, like whiplash or brain trauma, might not be immediately obvious. If possible, collect evidence at the scene: take photos, gather contact details of witnesses and other involved parties, and jot down your recollections of the event. It's crucial to avoid apologizing or admitting any fault at the scene, as these statements could impact your ability to secure fair compensation later. Talk to a Dallas injury lawyer about your rights and options. If you’ve been seriously injured, your future is uncertain. You’re facing financial problems caused by mounting medical bills and missed work. The right lawyer can help you make it through to a brighter future.
How Do I Know If I Have a Personal Injury Case?
Determining if you have a viable personal injury case requires a thorough evaluation of your situation by a Dallas personal injury attorney, especially if you've suffered serious injuries due to someone else's actions. To assess the potential for legal action, consider the severity of your injuries and their impact on your life, including financial, emotional, and physical aspects. Key factors to consider include the nature of the incident that caused your harm, the parties responsible, any contributory fault, and the insurance coverage applicable to the accident. Our injury attorneys at Arnold & Itkin are committed to a comprehensive examination of all these elements. We understand the significant implications of your case and are dedicated to pursuing answers, accountability, and just compensation for our clients.
Who Is the Best Dallas Personal Injury Lawyer for Me?
The best personal injury law firm for you is the one that will fight for the compensation that you need rather than the one you're offered. At Arnold & Itkin, our Dallas personal injury attorneys have a reputation for doing exactly this. We investigate accidents, look at our client's lives, and work to determine the full costs of their accident—including the less obvious losses, such as those that happened or those that are unable to be counted. Our Dallas accident lawyers have received recognition from our peers and opponents as some of the best working in the field today. We never back down, we refuse to let our clients be mistreated, and we demand justice no matter how tough the challenge.
What Are My Rights as a Maritime Worker?
As a seaman, you have the right to a reasonably safe workplace, just like any worker. Maritime work is inherently dangerous, but this does not excuse overlooked safety standards, defective equipment, or acts of negligence that jeopardize your well-being. If you're injured at sea, you have the right to seek financial compensation for your medical treatment, lost earnings, and more. Because there are different maritime laws that apply to various types of workers and offshore injuries, we recommend discussing your case with an Alabama maritime lawyer as soon as possible. You can get the information you need to make the right choices.
What Workers Are Protected by Maritime Law?
Virtually any maritime or offshore worker will be protected by some type of maritime law. Whether it is the Jones Act, the Death on the High Seas Act, or the LHWCA, injured workers have the right to seek compensation if they're injured at sea or on shore. Because these cases are complex and most fall under federal jurisdiction, it is crucial to involve a firm that has extensive experience in maritime law.
Is the LHWCA the Same as the Jones Act?
No. While they have similar goals for the workers that they cover, the Jones Act and the Longshoremen and Harbor Workers’ Compensation Acts are not the same. They cover different sets of workers. The Jones Act covers maritime workers who contribute to the function or mission of a vessel. The LHWCA covers workers who do not directly aid the mission of a vessel but still work on or with them. It’s an important law that helps fill in the gaps of the Jones Act for harbor workers and other offshore professionals. Workers not covered by the LHWCA include seamen, intoxicated employees, workers covered under workers’ compensation, and government employees.
How Much Does Hiring an Alabama Maritime Attorney Cost?
Hiring an Alabama maritime injury lawyer from Arnold & Itkin costs nothing up front. We work on something called a contingency fee. This means we cover all costs associated with a case and only collect a payment if we secure results. Working this way makes services our record-setting law firm attainable for anyone.
What Do You Do to Prove Fault in a Boat Accident?
Proving fault in a boat accident will require an investigation into what caused the collision. Most of the time, this is a boat operator who is inexperienced, negligent, or under the influence of alcohol and/or drugs. In other cases, boat and other watercraft accidents are caused by defective products, such as faulty boat engines or other parts and systems. Extreme weather can also cause serious accidents. By reviewing the physical evidence, talking to witnesses, and working with accident reconstruction specialists to put it all together, our Alabama boat accident lawyers can determine what caused your collision and therefore who should be held responsible for your medical care and other losses you’ve experienced. A successful case will give you the invaluable opportunity to rebuild.
What Compensation Am I Entitled to After a Boating Accident in Alabama?
A person who has been injured in a boating accident in Alabama may be entitled to economic and non-economic damages. This financial compensation is meant to help a victim of negligence or wrongdoing rebuild their lives to as similar a situation as they were in before the accident. The following economic damages may be available in a boat accident claim: medical treatment; ongoing medical care; physical therapy; medication and medical supplies; travel expenses to and from appointments; lost earnings; loss of future/potential earnings; property damage. Non-economic damages may include mental anguish, pain and suffering, and more. Every case is different, so it is important to discuss yours with a qualified attorney. During your free consultation, we can talk to you about what your case might be worth and how to secure the compensation you need.
What Is an Industrial Accident Attorney?
Industrial injury lawyers help workers who have been catastrophically injured in workplace accidents, as well as families who’ve lost those they’ve loved. These lawyers can take on a wide variety of cases, including plant accidents, factory accidents, manufacturing accidents, injuries caused by explosions, and more. They are there to help clients recover not only past, current, and future medical costs, but also damages such as lost wages. If you have been injured at work, or have a loved one who has, we encourage you to contact Arnold & Itkin immediately. We can help evaluate your industrial injury case, discuss your options with you, and determine next steps.
What If I Can’t Afford an Industrial Injury Lawyer?
At Arnold & Itkin, we take all industrial injury cases on a contingency fee basis. That means that you never pay unless we win. We take no fee upfront. We help cover all of the costs of your case, so you can focus on what’s truly important after an industrial accident: healing. There is no risk when you work with our industrial injury firm.
What Are Common Industrial Accidents?
Industrial accidents can include those that occur at a wide variety of workplaces, such as drilling rigs, mines, warehouses, refineries, plants, factories, and even places such as grain mills and paper mills. This can include things such as explosions, fires, accidents involving heavy machinery, and more. Regardless of the type of accident, if you’ve been injured or if you’ve lost a loved one, you deserve to work with a lawyer you can trust. At Arnold & Itkin, we have a reputation for getting results. We’ve won billions for the injured and wronged and are here to help you.
Can I Get Fired for Reporting Safety Violations?
Reporting violations, or “whistleblowing,” is protected by federal law, which means you cannot be fired, lose benefits, or lose hours as a result of reporting your employer. If you report your employer’s safety violations to OSHA or any other agency, your employer could be subject to serious legal liability if they retaliate against you. If you report those violations to your attorney after an accident, you’ll be protected by an additional shield: attorney-client confidentiality.
Is Aging or Defective Equipment to Blame?
In our experience, aging or defective equipment is often to blame for industrial accidents. Plants and refineries around the country rely on old machines, and many of these machines can go years without maintenance. With corporate neglect, accidents are inevitable. Some of our biggest industrial accident cases were triggered by equipment that broke due to lack of maintenance.
What Industries Have the Most Accidents?
Industries that are prone to serious accidents include paper mills, grain mills, chemical plans, oil rigs, warehousing, trucking, commercial fishing, lumberyards, roofing, meat processing plants, and chemical processing. Oil and gas refineries are among the worst offenders, statistically. However, employers have no excuse for a dangerous workplace, no matter the type of work they’re doing.
What If My Insurance Company Is Delaying or Denying My Claim?
If your insurance is delaying or denying a claim they should be honoring, they might be acting in bad faith. Insurance companies purposefully delay or deny valid claims because they stand to profit more the longer a claim takes. Additionally, insurers hope that making the claims process frustrating will push a person to accept less than they’re owed. We're ready to be the advocate you need by leveling the playing field and letting your insurance company know that their tactics won’t work on your claim.
Do Insurance Companies Have a Time Limit for Responding?
Yes, an insurance company has two weeks from the time a claim is made to respond to it. If they take longer than two weeks to respond to a claim, they’re acting in bad faith to the claimant. After responding to a claim, insurers are obligated to provide timely and reasonable updates. If you think that your insurer is taking too long to honor your claim, it’s time to call our team. Our insurance claim lawyers can advocate for your recovery and let your insurance company know that their tricks are unacceptable.
Should I Accept an Initial Offer from an Insurance Company?
Accepting an initial offer might be a mistake. Often, insurance companies try to look like they’re doing the right thing by quickly offering compensation. Their hope is to get a person to accept less than they deserve and lose the ability to obtain additional compensation. Our insurance lawyers can look at your offer, investigate your claim independently, and hold your company to the compensation that you really deserve.
Should I Negotiate with the Insurance Company on My Own?
It is generally not advisable to negotiate with the insurance company on your own before seeking legal representation. Insurance companies, skilled at protecting their own interests, may attempt to minimize your claim or offer a settlement less than the amount to which you are entitled. By consulting with our experienced insurance claim lawyers, we can help you navigate the complex process, advocate for your rights, and ensure that you receive fair and just compensation for your claim.
What Is a Construction Defect?
Construction defects can be categorized as design defects, material defects, or poor workmanship. The impact that results can be substantial. The nature of the impact depends on the defect and can range from mere inconvenience to the total loss of property.
Can Construction Defects Cause Financial Losses?
Construction defects can diminish the value of a property. Depending on the nature and impact of the defect, defects can result in substantial financial losses due to the costs of investigating and repairing the damage.
Will a Construction Defect Decrease the Value of My Property?
Serious defects can have a substantial negative impact on the value of a property. Unpremeditated damages from a construction defect are a liability for current or future property owners and will be reflected in substantial reductions in property value as long as they exist. Some construction defects, particularly defects involving structural and design defects, can be extremely difficult or impossible to remediate fully.
What Do Amarillo Personal Injury Law Firms Do?
At Arnold & Itkin, our mission is to make sure people suffering from the negligence of others have a path forward. We investigate accidents to determine who or what could have prevented them. After this, we seek the compensation clients need to pay for medical bills, lost wages, and damages caused by an incident.
What Is Constructive Eviction?
Constructive eviction occurs when a construction defect results in the temporary or permanent loss of living space when occupants are forced to abandon a structure for remediation or repairs. Most states have statutes that allow a property owner to recover damages suffered as a direct consequence of constructive eviction.
What Can an Amarillo Personal Injury Attorney Help Recover?
Anything lost because of your accident might be recoverable with a personal injury claim. This often includes medical bills, lost wages, the cost of future care, and any other monetary losses triggered by injuries. Additionally, compensation for non-monetary losses might be possible with your claim for your pain and suffering. After a serious injury, you deserve to work with the best attorneys. Our legal professionals are ready to put your needs first as we assert your rights and pursue the full compensation you need.
Will I Lose My Insurance If My Home or Building Has a Defect?
In some cases, an insurance company may refuse to insure your property unless severe defects that threaten the property are remediated or repaired. When this happens, property owners are exposed to potentially greater losses due to the construction company’s negligence.
How Much Does Hiring a Personal Injury Lawyer in Amarillo Cost?
At Arnold & Itkin, our services are affordable and stress-free. We work on a contingency fee basis, which means that we only collect a fee if we win results with your case. Our firm will cover all fees, investigative costs, and any other expense associated with your claim. If we don't win, you don't pay. It's that simple!
What Is Negligence, and How Does It Relate to Personal Injury Cases?
Negligence is described as failing to act with proper caution or care. It is further defined as a deviation from how a reasonable person would act in the same or similar circumstances. For example, a driver who looks away from the road to text a friend, runs a red light, and then hits a pedestrian may be considered negligent. This relates to personal injury cases because the negligent party can be held responsible for any harm caused. In the example above, the driver would be responsible for the pedestrian's injury-related losses and expenses.
Should I Accept the Insurance Company's Offer?
Insurance covers most personal injury cases in Amarillo and across the U.S. The individuals and companies responsible for causing harm usually rely on insurance coverage to pay for the damages caused. If the insurance company made you an offer, we highly recommend talking to an attorney before you accept. It is a rare occurrence for an insurance company's first offer to be fair and complete. A leading Amarillo personal injury lawyer can look over your claim, considering all the losses and expenses you've experienced to determine if the offer is truly in your best interests. If it isn't, your lawyer can pursue a fair settlement or award.
How Much Will It Cost Me to Hire a Lawyer?
For personal injury cases, the answer is “nothing.” Arnold & Itkin takes cases on a contingency fee basis, which means we cover the cost of investigation, preparation, and litigation upfront. In return, we ask for a percentage of whatever award or settlement we win on your behalf. If we don’t win your case, you owe us nothing—so you only ‘pay’ if you win! Using this arrangement, justice is accessible to quite literally anyone, no matter their situation.
How Much Time Do I Have to File a Personal Injury Claim?
For accidents in Austin, you have two years from the date of injury to file a claim against whoever was responsible. This is true of any accident that occurs in Texas. Your time window is set by the state’s statute of limitations, which essentially gives you a strict time limit on pursuing damages in certain cases.
Two years is not a lot of time when it comes to the law. To ensure your case has all the preparation and investigation time it requires, you’ll want to call an attorney as soon as possible after your injury to get started. If you’re coming up on your filing deadline, speak with our Austin injury attorneys to figure out your options.
Why Hire a Lawyer Who Tries Cases?
According to the latest figures, 95% of cases end in out-of-court settlements. As a result, the vast, vast majority of lawyers never see the inside of a courtroom. So, why does it matter that Arnold & Itkin is a trial law firm? Because a trial record, a history of jury verdicts, is what insurers and companies use to determine how much they’re willing to settle for. When your lawyer doesn’t have trial experience, your opponent knows they don’t have to settle for much; after all, they have nothing to fear. With our case history in your corner, they’ll know you mean business.
Is It Worth Hiring a Personal Injury Attorney?
After an accident, you might be wondering whether it's worth hiring a personal injury attorney. This is something you will need to decide for yourself, but the truth of the matter is this: if you think you need an attorney, you probably do. Hiring a personal injury attorney might be unnecessary after a minor fender bender that only caused property damage. In cases involving serious injuries that have racked up medical bills and prevented you from working, however, you will benefit from getting an attorney's insight. The right lawyer can protect your interests and help you recover the full, fair compensation you need to put your life back together.
What’s a Maritime Attorney?
A maritime attorney is a legal professional who focuses on helping those who have experienced injuries, accidents, and wrongful deaths caused by recreational and commercial maritime accidents. These incidents are governed by maritime law, which lays out specific roads to recovery for people who have been injured or lost loved ones on the water. A competent Houston maritime attorney will have a thorough understanding of how maritime law affects incidents in national and international waters, plus the commitment to see each case through to a successful result. Often, maritime injury cases require extensive investigations, a thorough knowledge of laws that are hundreds of years old, and the willingness to try cases in court. Maritime companies are some of the most powerful in the world, so having an experienced maritime attorney is crucial to countering their tactics.
Do I Need to Hire a Maritime Injury Lawyer?
Yes, you likely need a maritime injury lawyer because laws governing offshore injuries can be complicated. Deciding whether to hire a maritime injury lawyer might seem like a hard decision. What you should know is this: if you were injured or lost a family member at sea, there is no one who can defend your rights and help you rebuild your life like a skilled maritime injury lawyer. Your employer won’t have your back. Your loved ones won’t know how to help. It takes a powerful lawyer who knows the ins and outs of maritime injury cases to protect you. Importantly, hiring a maritime lawyer also means having help from someone who'll seek the compensation you deserve rather than the compensation you're offered. A maritime attorney will investigate your case and make sure the other side is being fair. If they aren't, they'll be prepared to fight for your recovery in court.
What Are The Key Elements Of A Valid Contract?
For a contract to be legally binding, it must have certain elements. Because contracts play such an important role in business transactions and operations, you must be certain that your company’s contracts are sound—and protect your interests. There are five key elements to a valid contract. Mutual assent, achieved by a shared understanding of the contract. Offer and acceptance, in which both parties communicate their intent to enter a contract. Consideration, wherein both parties mutually exchange something of value to make the contract legally binding. Some contracts can be one-sided, however, with one party offering a promise and the other consideration. Capacity, which means both parties are of sound mind and are legally able to enter a contract. Legal purpose, meaning the contract should be created for a legal reason, not an illegal one. A contract to commit a crime, for example, would not be recognized in a court of law. As Houston contract law attorneys, we know precisely how to draft, review, and litigate contracts in such a way as to protect our clients’ best interests.
What Is a Maritime Injury?
A maritime injury may include any type of physical or psychological trauma experienced at sea. Offshore workers, cruise ship passengers, crew members of fishing vessels, and all others who are injured or lost while in U.S. or international waters may be considered to have suffered a maritime injury. These injuries are often severe and life-changing, warranting the involvement of an attorney who knows how to hold at-fault parties accountable under maritime injury law. Importantly, maritime injuries aren't covered by typical onshore laws. For example, injured maritime workers can't file a workers' compensation claim as onshore workers can. Instead, they'll need to use laws such as the LHWCA and the Jones Act to seek compensation. In other instances, workers can use old maritime laws such as maintenance and cure to secure needed compensation after an accident.
What Is Maritime Law?
Maritime law, also known as admiralty law, governs navigation and shipping. Maritime law is one of the oldest sets of rules used to protect offshore workers before the Jones Act, the Longshore and Harbor Workers’ Compensation Act, and the Death on the High Seas Act. It provides basic provisions that make sure workers are provided with maintenance and cure after an injury. Maritime law is complicated in part due to how old it is. In fact, the Maritime Law Association of the United States was founded in 1899. Since maritime law is unique, those in need of legal help should always look for attorneys who have experience with it.
Is Maritime Law the Same Everywhere?
No, maritime law is not the same everywhere. Although the admiralty laws of many nations have common roots, those nations have since modified them with unique stipulations. For example, the Jones Act is a law that only applies to vessels flying the American flag.
What Should I Do If I’ve Been Accused Of A Breach Of Contract?
The first thing you should do is contact an attorney. Allegations of a breach of contract are extremely serious and may put you at risk of facing a lawsuit that would demand restitution for the supposed breach. Attempting to defend or explain yourself may only backfire, giving the opposition more ammunition to use against you. Even if you are in the right, you need a legal professional who can develop and present your case in a clear and convincing manner. That’s what our team at Arnold & Itkin does for our clients—and we may be able to do the same for you.
What Is the Jones Act?
The Jones Act is a law that enables injured maritime workers to secure the compensation they need for the full extent of their injuries. Before the Jones Act was passed in 1920, maritime workers injured by preventable accidents weren't able to collect the full amount of compensation that they needed for their injuries. With the Jones Act, workers can recover losses such as medical bills, lost wages, the cost of future care, and more.
What Are Some Remedies For A Breach Of Contract?
If you were the victim of a breach of contract, various remedies might be available to you. These may come in the form of monetary damages and equitable relief, depending on the type of breach and the losses you’ve experienced. Compensatory damages, punitive damages, and restitution may cover financial losses that you’ve experienced. If monetary damages will not properly remedy the situation, the court may order the at-fault party to do or to refrain from doing something. These equitable remedies may include specific performance, contract performance, or contract rescission (cancellation).
What Is Maintenance & Cure?
Maintenance and cure describes the cost of living (maintenance) and the medical expenses (cure) that an offshore worker needs after an accident. For decades, maritime law has required vessel owners to ensure that injured workers receive maintenance and cure after sustaining an injury.
What Is My Construction Accident Case Worth?
The value of your construction accident claim will depend on the extent of your injuries and many other factors. Because we have so much experience with cases involving serious construction injuries, our team at Arnold & Itkin can properly evaluate what your case is worth and how to get you the medical care and financial support you need. This may include money for your current and future medical care, lost income, and even emotional trauma like pain and suffering or post-traumatic stress disorder.
What Are Examples of “Commercial Fraud”?
Commercial fraud is essentially any fraud that occurs in the context of a business relationship. This can include investment fraud, real estate fraud, deceptive trade practices, and even fraud committed by consumers against businesses. In each of these cases, it’s advisable that businesses hire an attorney to help them recover the damages.
What Constitutes “Fraud” in a Business Transaction?
People and entities are legally required to present true information relevant to the transaction. In other words, any falsehoods, any lies, or any misrepresentation forms the basis for a fraud lawsuit. This could include a seller lying about the value of a business you acquired, or lying about liens on a piece of property you’ve purchased. Any misrepresentation that leads to financial loss on your part is fraud.
What Counts as a “Deceptive Practice” under the Deceptive Trade Practices Act?
The Uniform DTPA has the broadest possible definition of deceptive trade practices: any activity by an individual or business that misleads or lures the public into a transaction. This could include tampering with the odometer on a used car, utilizing false advertising, or engaging in fraudulent trading. In some cases, victims may be entitled to recovering their losses and punitive damages.
What Are Oil & Mineral Rights?
Oil and gas mineral rights are the rights to explore, remove, and produce oil or gas located in or under a specific land property.
What Is the Standard Oil & Gas Royalty Paid to Landowners?
There is no standard oil and gas royalty rate. Oil and gas royalties paid to mineral rights owners depend on several factors and are negotiable. Because market factors that drive oil and gas royalty rates vary over time, newer leases in high-demand areas can earn higher royalties than older leases. If you are a landowner trapped in a lease paying lower than market royalties, evaluate the terms of your lease carefully. There may be circumstances that provide an opportunity to break an existing oil or gas lease, freeing you to negotiate a new, more favorable lease. Although Texas statutes address the rights of landowners in oil and gas leases, no authority is charged with oversight to ensure private landowners are getting paid due to royalties. Landowners have few options but to take matters into their own hands, carefully monitor their interests, and go to court when necessary. It is not uncommon for oil and gas companies to find ways to shave money out of oil and gas royalty payments by under-reporting production, overstating post-production expenses, and other means. When they do, an experienced Houston litigation attorney can bring the resources and expertise to make a strong case against them and claim the royalties you are owed.
What Type of Compensation Do I Qualify for After My Offshore Injury?
This depends on what type of job you were performing during your injury and what laws govern it. Some workers will be entitled to compensation under the Jones Act while others might qualify under the Longshore and Harbor Workers’ Compensation Act. Defining what workers qualify for assistance from these laws is not always simple. Speaking with our offshore injury lawyers during a free consultation is the best way to discover your options.
What Metals Were Found in Popular Baby Foods?
Concerning levels of dangerous metals were found in popular baby food products. These metals are arsenic, lead, cadmium, and mercury.
What If I Can't Afford a Maritime Attorney?
The right maritime law firm will help you afford their services. Injured maritime workers are often facing difficult financial circumstances and need to have special financial arrangements made with their maritime lawyers. For example, Arnold & Itkin works on a contingency fee basis—meaning we cover all costs of a case and don't collect payment unless we win it. Besides taking on the financial burden of a case's fees and investigative costs, our firm has helped our clients get the medical care they need as their trial progresses.
Why Do Baby Foods Have Dangerous Metals?
Harmful metals are naturally present in all types of food because of pollution. This means that manufacturers must monitor their products for harmful levels of these substances. This report is particularly concerning because of how dangerous exposure to these metals can be for young children.
Can I Break an Existing Oil & Gas Lease?
Circumstances may enable you to break an oil or gas lease without undesirable consequences. Oil and gas companies have certain implied duties, including a duty to develop, protect against drainage, and market. They may also have specific duties and deadlines spelled out in the oil and gas lease. If any of those duties are not fulfilled within the deadlines, they may be in breach of contract--affording you an opportunity to exit the agreement. Nuances in oil and gas lease agreements may also limit the scope of a company’s rights based on the depth of exploration. New technologies that make deeper reserves accessible may create opportunities to renegotiate existing leases or enter new leases for deeper exploration.
What Are the Differences Between Maritime Law & Ordinary Law?
In many ways, there is little difference between how maritime law is handled and how ordinary law is handled. Some meaningful differences do exist; however, those differences exist more so in the court rather than the substantive law itself. For example, there is no right to a jury trial when an admiralty action is brought in an admiralty court. Important to remember though, the only cases that must be brought in federal admiralty court are those enforcing a maritime lien, foreclosure on a preferred ship mortgage, limitation of the vessel owner’s liability, and any proceeding where the ship itself is being sued.
What Brands of Baby Food Are Dangerous?
Elevated levels of toxic metals have been found in products produced by Nurture, Gerber, Campbells, Beech-Nut Nutrition Company, Hain Celestial Group, Walmart, Campbell, and Sprout Organic Food. Importantly, your baby food might be produced by one of these companies under a different name. If you’re unsure who produced your product, it’s best to avoid using it until you can confirm it’s safe for your child or children.
What Type of Property Damage Is Covered Under My Lease?
When oil and gas companies lease land to perform drilling operations, they have an obligation to comply with the land protection terms of the lease. This may include preventing or cleaning up environmental pollution, removing equipment, or repairing damage to roads. The type of damage and the responsibility of the oil or gas company to restore your property or compensate you for damage will depend on your lease agreement. If the company violated your lease, you could be entitled to financial compensation. Your best option is to have an experienced Texas oil and gas attorney review your lease and determine whether you have a case.
What Should I Feed My Child Instead of Baby Food?
Since much of the heavy metals found in baby food come from rice grown in polluted soil, organizations such as the HBBF suggest picking rice-free alternatives to feed your children. Additionally, it can be beneficial to avoid food containing sweet potatoes and carrots.
Is Maritime Law the Same as the Law of the Sea?
Maritime law is not the same as the law of the sea. Maritime law is a United States law that governs incidents on navigable waters. The law of the sea is primarily based on international treatises and agreements that govern how nations interact with one another on matters that involve the high seas. For example, the law of the sea governs countries’ jurisdiction over coastal waters, ownership of natural resources, and navigational rights.
What Damage Can Oil & Gas Operations Cause to My Land?
Abandoned equipment, polluted water sources, ruined roads and fields, and damaged reserves are all examples of property and environmental damage caused by improper oil and gas operations. Drilling is complicated, hazardous, and messy, but this is no excuse for property damage or environmental harm. Whether your property was damaged because of a blowout, explosion, or another catastrophe, or as a result of unsafe or improper drilling and remediation, you could have grounds for a lawsuit against the oil company.
I Think Baby Food Harmed My Baby. Do I Have a Claim?
If you’ve consistently fed your baby a product containing metal and they’ve developed health issues or developmental disorders, finding out your options is simple and free. Call Arnold & Itkin for a consultation that will help you discover what to do next at no cost.
Are Heavy Metal Baby Food Claims Class Actions?
No, a heavy metal baby food claim should not be handled through a class action lawsuit. If your child has suffered from issues associated with contaminated baby food, a class action lawsuit likely isn’t best for you. This is because class action lawsuits don’t adequately address the individual needs of families suffering because of dangerous baby food products. Instead, you need help from a law firm that will focus the specific recovery needs of your child through a different type of lawsuit such as a mass tort or individual personal injury filing.
The Oil & Gas Company Wants to Negotiate a New Lease. Is That Standard?
Many oil and gas leases were established years before advanced drilling and production techniques were developed. As a result, the terms of your current lease may not allow the company to utilize new technology without your permission. This situation may provide you with an opportunity to consider renegotiation of the lease or breaking it, depending. We can discuss your lease for a better assessment of your options.
Is It Worth Hiring a Personal Injury Attorney?
Trying to handle a personal injury lawsuit on your own is probably not realistic or recommended. Even if you are a trained and experienced attorney, handling your own case would be extremely difficult while you were injured or recovering from an injury. Putting your case in the hands of a professional means you can focus on healing while your case gets the attention it needs. By hiring proven lawyers like our team at Arnold & Itkin, you can rest assured that we will do everything in our power to get answers and a fair result on your behalf. It's worth it to hire the right personal injury attorney, because they will fight to get what you need to create a brighter future.
What Percentage Do Most Personal Injury Lawyers Make?
Most personal injury attorneys are paid a percentage of the settlement or award they earn on behalf of a client. This percentage will be agreed upon ahead of time so there are no surprises or uncertainties. Many personal injury lawyers will take a fee of about 33-40%, but the exact amount will depend on your contract with the firm and the laws of the jurisdiction in which your case is filed. There are many variables to take into account, so it's important to talk to your lawyer about potential fees based on your unique situation.
What Is a Typical Personal Injury Settlement Worth?
The value of a personal injury settlement or verdict will vary dramatically from case to case. Some are worth millions or even billions of dollars, depending on the type of case, the extent of harm caused, why it happened, and many other details. When we take on a case, our team works diligently to determine what it will take to help our client put their life back on track. We may also consider what it will take to punish or penalize the defendant, when applicable. The truth is that no amount of money could make up for a catastrophic injury or the loss of a loved one. It can, however, build a more stable future for those who have been affected.
What Are the Most Common Types of Industrial Accidents?
In terms of industrial injuries, these are most commonly caused by overexertion and bodily reaction, contact with objects or equipment, and slip, trip, or fall accidents. Overexertion and bodily reaction refer to injuries caused by heavy lifting, physical labor, and repetitive motion. Contact with objects and equipment includes incidents where a moving object or vehicle strikes a worker, where a worker is crushed by a collapsing structure or machinery, or where part of a worker’s body is impacted by something at a worksite. Slip and fall accidents are self-explanatory, involving situations where workers fall from heights, trip, or slip. Any industrial accident, whether common or rare, can cause serious physical and emotional trauma that impacts a worker for life.
What Causes Industrial Accidents?
While each incident is different and should be investigated to reveal its true cause, most industrial accidents can be traced to machinery malfunction or failure, lack of safety measures, inadequate training, or failures to maintain and replace equipment. When industrial accidents are caused by negligence and wrongdoing, injured workers have the right to hold at-fault parties accountable. That’s where our Beaumont industrial injury law firm can make all the difference, taking our clients' cases to the negotiating table or the courtroom in order to secure life-changing settlements and verdicts on their behalf.
When Should I Talk to an Industrial Injury Lawyer?
If you were injured in a factory accident, plant fire, or any industrial accident, you should put your health first. That means seeing a doctor as soon as possible and following their treatment plan. If you don’t believe you’re receiving proper care, ask to see a specialist or a different medical professional. Once you’ve sought treatment, call an attorney. This is your opportunity to find out what rights and options you have regarding medical care, ongoing treatment, and lost earnings. You may be entitled to a significant amount of financial compensation and benefits that cover your treatment, cost of living, and losses. A skilled attorney can make sure your rights are not jeopardized in any way, fighting for the full and fair compensation you deserve.
What Should I Do After a Beaumont Industrial Accident?
If you have been injured at a warehouse, plant, factory, or other industrial workplace, your health should be your first priority. Tell your supervisor or manager that you were injured and seek medical attention. Be sure to follow your doctor's treatment plan, but if you feel you are not getting the treatment you need, you have the right to see a different doctor or a specialist. Keep records of everything, including notes about what you remember of the accident and your injuries. These details and documents can help support your claim.
As soon as you can, you should talk to an attorney. You might have questions about what type of case you have, whether you should even move forward with a lawsuit at all, and who should pay for your medical bills. These and all of your concerns can be addressed when you talk to a Beaumont industrial accident lawyer at Arnold & Itkin.
What Can I Recover Through a Pharmaceutical Injury Lawsuit?
Every case is different, and our team will investigate yours to determine the full extent of damages for which you should be compensated. Common types of compensation for a lawsuit such as this include lost wages, medical bills, pain and suffering, and loss of consortium. Calling Arnold & Itkin can help you discover more about your options.
How Much Does Hiring a Drug Injury Lawyer Cost?
Our drug injury law firm works on contingency fees. This means we take cases at no charge, forward all costs associated with a case, and only collect a fee if we win results. Working this way makes our services available to everyone, no matter what.
What Should I Do If a Drug/Medical Device I Use Was Recalled?
If you use a pharmaceutical product or medical device that was recalled, it’s important to call your physician to learn what steps to take next. Then, call Arnold & Itkin to learn your options for compensation.
Can I File a Drug or Medical Injury Claim for a Loved One?
Yes, you can file a claim on behalf of a loved one, under specific circumstances. For example, the spouse of a person killed by a dangerous device can file a wrongful death claim. Or, the parents of a child suffering from the effects of a medication can file a claim.
What Should I Do If I Was Hurt by a Medical Device?
State and federal law impose a strict duty on medical device manufacturers to make sure they use care and conduct extensive testing before they put their products on the market. They need to be aware of any possible side effects, and they need to inform doctors and patients about these risks. Consult your physician if you believe you may be suffering harm because of a medical device. If your doctor confirms, seek legal assistance. You may be able to bring a product liability action that can provide compensation for the costs you've incurred. You may also be eligible for lost past and future income as well as the pain and suffering you have endured.
How Do Medical Devices Get FDA Approval?
When a medical device requires FDA clearance, there are two ways for it to get on the market. To gain premarket approval, the manufacturer must demonstrate through clinical trials that the device can be safely used for intended purposes. Premarket notification, on the other hand, allows for clearance of device that is shown to be "substantially equivalent" in safety and effectiveness to another device that has already been cleared by the FDA. This is commonly called the 510(k) process.
How Do Dangerous Medical Devices Reach the Market?
Problems arise when medical device manufacturers withhold certain negative results in clinical trials that would undermine claims that their device is safe and effective, or when the manufacturer misrepresents the intended use for their product in a bid to get it to market quickly through the 510(k) process. This is often referred to as "off-label" usage. Off-label usage may also include marketing the product for a use it was not intended for. This can cause serious medical harm to its recipients. Sometimes pharmaceutical manufacturers include side effects on their labels, but downplay their severity. There are many ways manufacturers can manipulate the system to get their product on the market, and the motivation is almost always money at the expense of safety.
What Does a Maritime Lawyer Do?
A maritime lawyer can handle any type of claim or lawsuit related to injuries or deaths at sea, including those that affect offshore workers, crews of commercial fishing vessels, and all types of seamen. Cases like these are complicated and, as an injured maritime worker, it may be tough to know what to do. You might have questions about your treatment and how you’ll get paid while you’re unable to work. A lawyer can answer these questions for you and can manage every single part of your case so you don’t have to. From determining what type of case you have to communicating with your employer to seeking a fair settlement or award for your treatment and lost earnings, an attorney can handle everything while you focus on healing.
Can Any Beaumont Lawyer Practice Maritime Law?
Maritime law is complex and may require cases to be filed in federal court. While “any attorney” may be able to offer guidance or counsel related to maritime accidents and offshore injuries, you are best protected by involving a qualified professional. At Arnold & Itkin, we have handled some of the biggest maritime cases in history, such as representing one-third of the Deepwater Horizon crew and widows of the lost El Faro crew members. We know how to protect maritime workers’ rights under the Jones Act and other applicable admiralty laws. We know how to challenge the Limitation of Liability Act and other measures maritime employers try to take to avoid liability. Our opponents know who we are and will think twice before facing off against us in court – in Beaumont or anywhere in the U.S.
What Should I Do After a Maritime Accident?
Your first step after any maritime accident should be to seek medical attention. This can be tricky at sea, but you should see the medic on the vessel or rig and get your injury checked out as quickly as possible. You will also need to inform your employer, but be careful about signing any statement or agreement. This could be a way the company will try to limit its liability (legal responsibility) for your injury. Your best option is to talk to a Beaumont maritime accident lawyer, who can advise you of your rights and responsibilities, help you determine your next steps, and protect your ability to recover fair compensation for your injuries.
“Who Is Responsible for Making Sure My Land Isn’t Damaged by Drilling?”
In cases where your mineral rights are leased to a company that isn’t drilling horizontally, they’ll need to use your land to place the drilling rig, build outdoor storage and containment pods, ensure proper water treatment, and develop roads and fences. All this creates noise, light, and air pollution to a degree–but ensuring your land remains uncontaminated will ultimately rely on the extraction company’s practices. Before leasing your land, make sure your lawyer includes clauses about responsibility for the groundwater and the value of the property. Today, countless families are reeling from when an extraction company left their land 30, 40, or even 50 percent less valuable. Holding the oil and gas industry accountable for that sort of damage is far easier when your contract already accounts for it.
How Long Until Mineral Rights Revert to the Owner?
It depends on the lease agreement, so it can range from two years to a decade. There are other variables that change based on the lease, the region, and the fine print of the contract. We recommend speaking with a mineral rights attorney to determine the specifics of your agreement and how you can enforce your mineral rights.
Did the Mineral Rights Automatically Go to Me When I Bought the Land?
Not necessarily. The owner of a piece of property can sell the land to one buyer and sell the mineral rights to another party. They can even sell a buyer the land while keeping the mineral rights for themselves. If you retain the land and the mineral rights, you likewise have the ability to sell the mineral rights without selling your land.
What Happens When a Chemical Plant Explodes?
An explosion at a chemical plant has the potential to cause catastrophic damage, injuring or killing numerous workers and affecting the entire community. The combination of volatile, toxic substances and heavy equipment and machinery can create the perfect recipe for disaster. When a chemical plant explodes, harmful gases and other materials may be released into the environment, affecting air quality, groundwater, and all local homes and businesses. The workers at the plant will be at risk of suffering severe burns and crush injuries as well as harm caused by toxic exposure. When chemical plants explode, Arnold & Itkin stands firm in our commitment to help injured workers and their families. We help people throughout Beaumont, TX, and the entire U.S.
What Injuries Are Caused by Plant Explosions?
Plant explosions are disasters of epic proportions. Every person at the site of an explosion and even people in nearby homes and buildings may be at risk of suffering harm. The force of the blast, fire, debris, and hazardous substances may all cause significant injuries and property damage. A plant explosion may cause broken bones, spinal cord injuries, brain injuries, severe burns, amputation, crush injuries, respiratory problems, and serious trauma caused by toxic exposure. The injuries sustained in a Beaumont plant explosion will forever change workers’ lives, affecting their ability to return to work and provide for their families. At Arnold & Itkin, we step in and ensure that these workers get the care and support they so desperately need.
How Can an Attorney Help Me After a Plant Explosion?
If you lost a family member or were injured in a plant explosion, a long and difficult road to recovery lies ahead. You cannot count on the company to help. Even the insurance company will not put your interests first. You need someone who will actively work to protect your rights and help you recover the financial compensation you need for your medical treatment, ongoing care, and living expenses. You need the type of settlement that will ensure you’re taken care of for life. That’s the goal at Arnold & Itkin. We set right the wrongs caused by safety violations and negligence committed by plant owners in Beaumont, across Texas, and throughout the nation.
Do Partnership Agreements Need To Be In Writing?
The best way to handle any partnership agreement is in writing and drafted or at the very least reviewed by your attorney. Having verbal agreements leaves too much open to interpretation, and if you enter into a written agreement without your attorney’s help, you could find that your rights and interests are not fully protected. The right partnership agreement can even help prevent disputes. Or, if a partnership dispute does arise, a clear and legally sound document will help with its swift and effective resolution.
Are All Partnership Disputes Handled In Court?
Partnership disputes can be addressed inside or outside the courtroom. Depending on the nature of the dispute, whether dispute resolution is outlined in the partnership agreement, and the preference of the disputing parties, a disagreement can be handled through mediation, arbitration, or litigation. Choosing the right method is important, and that’s one of the things you should discuss with your lawyer when a disagreement arises.
What Are Common Grounds For Partnership Disputes?
Partnership disputes can arise from breaches of contract, when one partner fails to uphold his or her obligations and responsibilities. Disagreements on partnership buyout terms, differences in opinion, and challenges reaching decisions during business growth or decline can all cause serious disputes. Times of change are particularly tumultuous for any business, but they can be navigated when a sound partnership agreement is in place and parties try their best to work with one another to find a mutually beneficial solution. Whether you’re battling it out in court or are considering an alternative method of resolving a dispute, our seasoned professionals at Arnold & Itkin can offer the insight and guidance you need.
What Are Some Warning Signs Of Securities Fraud?
In the investment world, if it sounds too good to be true, it’s most likely some type of fraud or misrepresentation. Don’t become a victim. There are some warning signs you can look for, which could indicate securities fraud: Promises of extremely high guaranteed returns. All investments carry some risks. Aggressive tactics by your broker or adviser, pressuring you to act quickly or invest big. Difficulty getting detailed information or insight, such as a prospectus or offering circular. If you notice these signs, act quickly and gather documentation of your accounts and what you suspect. Involve a law firm that has experience with securities fraud cases in your area, and get information about your rights and the next steps you can take to recoup your losses.
What Should I Do If I Suspect That I’ve Been The Victim Of Securities Fraud?
If you believe that you’ve been the victim of securities fraud, be sure to talk to an attorney. Your first instinct may be to ask your broker or brokerage firm, but if they’re in any way involved or are interested in protecting their interests first, you could find yourself at a loss when it comes to recovering your assets. Gather all the documents and information you have and talk it over with an experienced Texas securities fraud lawyer who can properly advise you of your rights and protect your interests.
How Can I Recoup My Losses?
If you experienced significant losses as a result of securities fraud, the person or entity that committed fraud should be held responsible. In some cases, other interested parties can be legally responsible too, such as a brokerage firm that failed to properly supervise an employee who carried out a fraudulent scheme. By finding all at-fault parties and every source of compensation, you can seek to recover all the losses you experienced. Our lawyers can help you understand these proceedings and your rights in Texas securities fraud lawsuits, so you know what to expect and how to move forward.
What Can I Recover in a Vehicle Accident Claim?
Every case is unique, but in general, there are various damages almost any car accident survivor will be able to claim. These include medical expenses, lost income and future earnings, and funeral costs, if a loved one was killed. In addition, you may be able to recover non-economic damages for pain and suffering, mental anguish, loss of companionship or care, and more.
What If I’m Partially at Fault?
Claimants don’t need to be completely faultless. Under comparative fault laws, a claimant can still claim a portion of their damages in proportion to their fault. So, if a person is found 20% at fault, they can still claim 80% of total damages. This means if a car accident claim is worth $1 million, they can claim up to $800,000. Under Texas comparative fault laws, a claimant must be less than 51% at fault to recover anything from a claim. Proving to what degree a claimant is at fault will be part of their case.
What Happens If the Insurer Won’t Cover Me?
It’s common for insurance companies to delay or deny cases if they feel that a claimant is desperate to settle or unlikely to pursue litigation. Delay tactics include switching adjusters without warning or repeatedly asking for documentation when everything has already been provided. If your insurance company won’t offer you a fair payout under your policy, then your only choice is to call an attorney.
How Much Does It Cost to Hire You?
It costs nothing upfront. Our firm only takes a fee if we win your case, and we cover all the upfront costs of preparing and handling your case. Our clients never get an invoice or a bill. As a result, any car accident victim has access to world-class representation.
What Are Some Warning Signs Of A Potential Ponzi Scheme?
There are a few red flags you can look for in an investment, which may indicate a Ponzi scheme or similar plot to take your money with no real investment or returns: You’re guaranteed high returns with little to no risk. You’re receiving overly consistent returns, even though the market is fluctuating. The investments are not properly registered. The seller is not properly licensed. You have not been provided with clear, consistent paperwork regarding the investment. The investment strategies seem overly complex or are not explained to you at all. You’re having trouble receiving the payments you were promised. If an investment seems too good to be true, it’s probably a scam.
What Should I Do If I Believe I Was The Victim Of A Ponzi Scheme?
Whether the scheme has already collapsed or you are just now beginning to suspect that you’ve been the victim of a Ponzi scheme, you can take a few steps to protect yourself and your assets. First, be careful about what you say to your broker or brokerage firm. You may be tempted to immediately raise your concerns, but they could become defendants if you have to sue to recover your losses. Instead, gather all documents and information related to your investments, including any correspondence between yourself and your broker. Print this information out or keep it somewhere you know is secure.
As soon as possible, involve our experienced investment fraud attorneys. You may be able to recoup your losses, but this can be complicated and challenging. Our team is experienced with representing Ponzi scheme victims and can get to work immediately, protecting your interests.
Can I Recover The Money I Lost In A Ponzi Scheme?
Many times, the fruits of a Ponzi scheme are long gone–used to pay investors or spent on luxuries for the schemer. Some of this money can be recovered, but this is a long and arduous process. The schemer may not have enough assets to repay all the investors who lost money. However, brokerage firms and other third parties may be held liable for contributing to the scheme or negligently allowing it to persist. These parties can sometimes be held legally responsible for your losses, even if they did not originate the scheme themselves. We can talk to you about your options and how to best recover your financial losses.
Why Do I Need an Attorney?
When an employee is injured, company management has a team of lawyers and adjusters on the scene within hours. Your employer is not looking to protect you; it wants to limit its monetary exposure to the fullest extent, regardless of the seriousness of your injury. You need an attorney who can walk you through each step of your case, investigate the cause, ensure you are receiving proper medical care, and develop your case to maximize your chances of winning.
What If My Company Offers Me a Settlement or Promises to Take Care of Me?
The attorneys at Arnold & Itkin have met many clients whose employers promised they would never lose their job or that they would "be taken care of," only to realize those promises were meaningless. If the responsible party will not sign a written guarantee that it will pay all your medical bills and lost wages for as long as it takes, then you know the responsible company is not looking out for your interests. If your employer is trying to get you to accept a cash settlement, contact one of our attorneys for a free and confidential consultation before negotiating with them. The insurance company is using professional negotiators, shouldn't you? We are happy to provide a free consultation about any settlement offer. We will explain the risks and benefits of any offer or agreement.
Do I Have to See the Company's Doctor?
The answer is NO. If you are injured, your physician's primary goal should be your recovery, not limiting the company's potential monetary exposure. We can help our clients determine who the most respected medical specialists are, and in many instances we make sure that the company covers the cost of seeing these doctors. Following a catastrophic injury your focus must be on your health and your family, not on seeing a doctor whose real loyalty is to the company.
If I Do Bring a Case, What Will I Need to Do Next?
If you hire a reliable lawyer, all you should have to worry about is getting better. At Arnold & Itkin LLP, our lawyers handle everything, so you can focus on recovering from your injuries. We will handle calls from your employer, visits with insurance representatives, and even help schedule medical appointments if you are having difficulties. We take care of every detail so you can focus on your recovery. The only steps you may need to take are to speak at a deposition in your attorney's conference room and, if your case does go to trial, testifying in court may be necessary.
How Long Do Most Cases Take to Resolve?
The average case takes about 12 to 18 months. At our firm, we begin working on your case as soon as you hire us. There is no waiting period. We have a reputation for prosecuting cases quickly and aggressively to trial. We prepare each case from the outset as if it were destined for trial so that we are in the best position to win.
What Should I Know About an Attorney Before I Choose Representation?
Before hiring any attorney to represent your personal injury case, we always suggest you ask about his or her trial record. Ask specific questions such as: What was the last case you personally tried? What was the result? What were the difficulties you overcame in that case? What did you do to maximize the chances of recovery prior to trial? How many cases have you tried in the last five years? How many multi-million dollar verdicts have you personally won? A large company will be more likely to offer the compensation you deserve if they know your attorney is ready to go to trial should their offer not seem reasonable. If the attorney you are considering does not have a strong trial record or does not have experience in your type of case, contact an experienced attorney from our firm. We can answer any questions you may have during an initial consultation.
What Are the Most Common Causes of Amputation?
Unplanned amputation, arising from an accident or injury, is often referred to as traumatic amputation or loss of limb. It is estimated that about 30,000 people experience traumatic amputations in the U.S. each year. The leading causes of accidental traumatic amputation are car, truck, and motorcycle accidents; bicycle and pedestrian accidents; workplace accidents; construction accidents; industrial injuries; and electrocutions. For these people and their families, life will never be the same. They must deal with the emotional trauma of losing a part of their bodies and will have to re-learn tasks and movements that they used to take for granted: walking, running, picking up objects, fine motor skills, and more. These victims deserve to see justice served.
Do I Have to Hire a Lawyer From My State?
No. A case can have multiple proper venues—it can be brought where the accident occurred, where the defendant is located or in some instances where the defendant conducts its business. The most important fact to consider when choosing your attorney is the experience he or she has and what his or her success rate is, not where he or she is located. While based in Houston, we try cases all over the country and are sent more than 100 referrals each year from out-of-state attorneys because they know we get clients the results they deserve. If you are unsure whether we can represent your claim because of your location, fill out our quick online questionnaire and a representative from our office will be in touch with you to schedule your free consultation. While we are licensed in the State of Texas, we work with local counsel in almost every state in the country. We may be able to assist you regardless of where your accident occurred or where you currently live.
Who Will Pay for My Treatment After a Serious Injury?
The answer to this question will depend on how you were injured. Personal injury lawsuits typically cover car accidents and truck accidents that cause catastrophic injuries. If you were injured while working at a construction site or chemical plant, for example, you should be covered by workers' compensation. If you were injured at sea working on an offshore rig, your case might be covered by the Jones Act. Regardless, if we take on your case, our team will work closely with you to determine who should pay and how.
How Long Does It Take For Crush Injuries To Heal?
The length of time it will take for a crush injury to heal will depend on the extent of damage. A hand that’s partially crushed with no bone fractures, for example, may heal in a few days or weeks. A severely crushed limb may take multiple surgeries and months to heal. Some crush injuries are so severe that they require surgical amputation. You should talk to your doctor and see specialists as needed to ensure you have the best opportunity to heal.
How Are Crush Injuries Treated?
Treatment for a crush injury will depend on the extent of damage you’ve experienced. The path to recovery may include emergency treatment and hospitalization, surgery, physical therapy, and assistive devices. In some cases, complications like nerve damage may arise, limiting the use of the crushed limb or extremity even if it seems healed on the outside. Initial treatment, ongoing therapy, and living with a crush injury can be difficult and expensive. That’s why it is so important to recover full and fair compensation.
What Will It Cost to Hire Your Corpus Christi Personal Injury Attorneys?
We handle all injury cases on a contingent fee basis, which means we only get paid if we recover a settlement or win a jury award for our clients. We also cover all upfront costs, so you don't have to worry about paying for anything out of pocket. We will only accept payment if and when we recover compensation on your behalf.
What Compensation Can I Recover In An Amputation Or Crush Injury Claim?
An injury claim should cover every expense, loss, and wrong a victim has experienced. This includes medical treatment and ongoing care, plus the cost of physical therapy and prosthetics, as well as medication and other medical supplies or assistive devices. It also includes lost income or future earnings, as many amputees cannot return to the same work that they previously performed or may be unable to work for an extended period of time. An amputation or crush injury lawsuit should also cover emotional trauma, which can be extensive after this type of devastating injury. Compensation should be awarded for pain, suffering, loss of enjoyment of life, and other psychological trauma. Recovery cannot erase the consequences of the accident itself, but it can help a victim and their family get the support they need to restore their lives and face brighter futures.
How Much Will My Case Be Worth?
There is no one answer to that question. We consider each client's case to be unique. We will examine many factors before estimating case value. We will look at your medical bills related to the injury, your wage history, and the facts surrounding your accident. Many times we will hire experts to help us determine your future medical bills, wage loss pain, and mental anguish. Keep in mind, though, that if your case is not properly developed from the beginning, you will not receive the compensation you deserve. If you have questions about how much your case may be worth, contact us for a free consultation.
What Is the Lifelong Cost of a Catastrophic Injury?
The lifelong cost of medical treatment, supplies, and continued care for a catastrophic injury can easily reach the millions. A 25-year-old suffering from paraplegia, for example, may face $2.3 million in medical care, physical therapy, assistive devices, in-home care, and other treatment throughout their life (according to a report by the National Spinal Cord Injury Statistical Center). This does not consider the person's inability to work and earn a living, which would add to the financial losses to consider. The cost of a catastrophic injury is considerable, and not just financially. It takes a profound physical and emotional toll.
Should I Settle My Case or Go to Trial?
That decision will ultimately lie with you, but an experienced attorney will give you the guidance that you need along the way. We are always prepared to go to trial to secure the compensation our clients deserve. That being said, the vast majority of cases are resolved prior to trial through settlement. We work with each of our clients to insure they can make an informed decision when the time comes and they are presented with a reasonable offer. When you sustain an injury on the job, you and your family will undoubtedly have many things to worry about. At Arnold & Itkin, our experienced personal injury attorneys believe that working with your lawyer shouldn't be another headache. We are ready to talk to you, free and confidentially, to help you understand your case and explain you how we can help you receive compensation.
What Are Common Causes Of Blunt Force Trauma?
Blunt force trauma may occur any time something comes into forceful contact with the body without penetrating or piercing the skin. Trauma is the sixth leading cause of death worldwide and is the leading cause of death for patients under the age of 35. Some of the leading causes of blunt force trauma include: car accidents; pedestrian and bicycle accidents; contact sports; physical assaults or attacks; and falls, including falls from heights and slip and fall accidents. When blunt force trauma is caused by negligence, carelessness, or any type of wrongdoing, the at-fault party can be brought to justice in civil court and held responsible for the victim’s injuries.
How Do I Know If I Have A Lawsuit?
You could have a lawsuit against the person or company responsible for your injuries, but every case is different. Instead of trying to deal with the insurance company or find answers on your own, get insight from a legal professional who knows which laws may apply to your situation. Some blunt force trauma occurs at work and may be covered by workers’ compensation. In other situations, like auto accidents, the other driver’s insurance policy should cover your injuries. Sometimes it is large companies like manufacturers or distributors who are responsible. To find out if you have a case, contact our team at Arnold & Itkin for a free, confidential consultation.
Why Should I Work With An Attorney After Experiencing Blunt Force Trauma?
At a time when you’re already injured and trying to cope with treatment, mounting medical bills, and an inability to work or take care of yourself, the last thing you need is to face large companies who care more about their profits than your well-being. You need someone who’s on your side, ready to offer you support and take on the at-fault party and their insurance company to get you the money you need to move on with your life. A skilled attorney can do all of that for you, while you focus on healing and putting your life back together. And the best part is that our firm handles blunt force trauma cases on contingency. You don’t pay any upfront costs and pay no legal fees at all unless we win.
What Is the Cause of Plant & Refinery Accidents?
Every plant and refinery accident is different. However, they always involve one critical factor: negligence. Ultimately, companies are responsible for making sure workers aren’t injured or killed. When an accident happens, it’s almost always because companies cut corners with safety and failed to prevent them.
What Can I Get with the Help of a Corpus Christi Refinery Accident Lawyer?
A lawyer will be focused on working to help you recover as much as possible after a plant or refinery accident. They’ll investigate what happened and work out how much money you’ll need to cover the costs of past, present, and future care. They’ll also work to help you receive compensation for things such as lost wages, lost earning capacity, and pain and suffering. While nothing guarantees a result, having the help of a lawyer means having an advocate who is fighting to hold the parties who harmed you accountable.
How Long Does It Take For A Broken Bone To Heal?
Your doctor will be able to assess how long it should take for your broken bone to heal. When a bone is fractured, it typically takes about six to eight weeks for it and the surrounding soft tissue to heal. However, children may heal faster, and people with underlying medical conditions like osteoporosis may take longer. Follow your doctor’s orders while healing, as engaging in certain activities could cause additional damage.
Should I Involve An Attorney If I Suffered A Broken Bone In An Accident?
Broken bones are serious and can not only incur significant medical bills but may also require months of recovery. You shouldn’t have to worry about how you’ll pay for your treatment or make up for your lost wages. In many situations that cause broken bones, you have the right to seek financial compensation for your medical care and other losses or expenses. At Arnold & Itkin, we can help you take the right path toward recovery.
How Much Is Hiring a Corpus Christi Plant Accident Attorney?
Turning to our team comes with no financial risk to you. We work on something called a contingency fee. This means we cover all costs of a case—from court fees to investigative costs—to make sure you have no financial pressure as we work toward results. We’ll only collect a fee if we win your case. Working this way shows we’re committed to the best results and making our services available to clients from all economic backgrounds.
What Are The Leading Causes Of Broken Bones?
According to the American Academy of Orthopedic Surgeons, the most common causes of bone fractures are:
Trauma can lead to a bone fracture if the bone is bent or twisted. A fall, auto accident, bicycle accident, or incident at work could cause trauma that fractures one or more bones.
Osteoporosis is a medical disorder that weakens the bones, making them more likely to break even as a result of a minor fall or other relatively slight trauma.
Overuse occurs when too much strain is put on the muscles and bones on a regular basis.
What’s an Oil Rig Explosion Attorney? Should I Hire One?
An oil rig explosion attorney helps injured workers get the answers they deserve after serious and preventable accidents. Hiring an oil rig explosion lawyer means having the help of someone who will protect your interests and fight for the compensation you deserve. In other words, getting help from an oil rig explosion law firm means protecting your financial future and securing justice after you’ve been wronged by a negligent party.
What Is the Jones Act?
The Merchant Marine Act of 1920 is commonly referred to as the Jones Act. Among other things, it provides protections to offshore workers if they sustain injuries caused by negligence. Before the Jones Act, offshore workers had limited options for recovery after an offshore accident. Now, a person can seek compensation for all damages if their accident was caused by the reckless behavior of another party.
What Can I Recover After an Oil Rig Explosion?
Injured workers can pursue negligent parties for a variety of losses after an accident. Common damages workers can seek compensation for include lost wages, medical bills, the cost of future care, and more. Since every person’s situation is different, speaking with our firm can help you discover how much your case might be worth.
Should I Accept the Company’s Settlement Offer?
In a perfect world, companies would do the right thing after an accident injures workers. When a company offers a settlement shortly after an accident, it might seem like they’re choosing to do the right thing. However, initial settlement offers are usually low, designed to get the company off the hook legally, and they don’t account for the full extent of a person’s damages. Speaking with our oil rig explosion lawyers will help you decide if you should accept a settlement offer.
When Should I Call an Oil Rig Explosion Lawyer?
As soon as possible. While your employer might send you to their doctors after an explosion, remember that they work in the interest of the company and may downplay your injuries. In extreme cases, they might even attempt to limit your medical care and encourage you to waive your right to file a lawsuit. Our team is standing by to make sure this doesn’t happen to you. We can fight to protect your interests and get you the medical care that you deserve.
What Causes Oil Rig Explosions?
While companies might try to blame oil rig explosions on bad luck or workers, the fault is usually on them. Explosions happen because of relaxed safety standards, inadequate maintenance, and a company’s desire to save money by cutting corners. No worker should be forced to take the blame of an oil rig explosion caused by their employer. Rather, they might be entitled to compensation for damages caused by the accident.
What Are Some Of The First Signs Of Hearing Loss Caused By Trauma?
One of the first signs of noise- or trauma-induced hearing loss is an inability to hear high-pitched sounds and an inability to discern someone’s voice in the presence of background noise. It starts with a difficulty hearing higher tones and pitches, like birds or similar sounds at higher frequencies. Consonants may be hard to hear, and voices may start to sound muffled. As hearing loss continues, low-pitched sounds will be harder to hear. Radios and televisions must be turned louder to be heard.
Can I Recover From Hearing Loss Caused By An Injury Or Exposure To Loud Noise?
When it comes to hearing loss, every patient is different. You could experience temporary or permanent hearing loss due to acoustic trauma, and it may affect one or both ears. According to the Centers for Disease Control and Prevention (CDC), hearing loss occurs when noise damages hair cells, nerves, membranes, and other parts of the ear. If exposure to loud noise is temporary, it may only cause slight damage to the hair cells in the ears, which bend but then straighten again and restore your hearing to normal. If these hair cells and other parts of the ear are severely damaged, however, hearing cannot be restored naturally. Hearing aids and other devices may be needed to help you hear.
Do I Have to Be Completely Deaf to Have a Hearing Loss Claim?
You may have a valid claim whether you’ve suffered temporary, permanent, partial, or complete hearing loss. Acoustic trauma can have serious consequences, affecting your ability to work and even perform normal tasks or take part in activities you once enjoyed. You may experience emotional trauma as well. Your medical care, hearing devices, lost earnings, and all other expenses and injuries should be covered by the at-fault party.
What Are the Most Common Workplace Accidents in Corpus Christi?
As a plant and refinery hub, Corpus Christi is a location of workplaces filled with dangers for workers. Each day, plant workers in the area face the risk of explosions, toxic exposure, and other industrial dangers. Employers are aware of these hazards, and it's their legal and moral obligation to protect their employees from them. When they don't, serious injuries can result—forcing survivors to undergo extensive medical treatment, depending on the severity of the situation. These injuries have long-term consequences for employees and their families, taking away their financial stability while burdening them with huge medical bills.
What Should I Do After a Work Injury in Corpus Christi, TX?
If you were injured while working at a chemical plant, factory, or another worksite in the Corpus Christi area, the first thing you should do is seek medical attention. Then, you should inform your employer about your injury. As soon as possible, you should also talk to an attorney. A legal professional with experience in industrial injury claims will be able to inform you of your rights and options. With a competent industrial accident attorney on your side, you can feel confident that you'll be able to get the support and care you need to rebuild.
Who Will Pay for My Medical Care After a Work Accident?
The short answer is your employer should pay for your medical care. This is often done through workers' compensation, a type of insurance covering all on-the-job injuries—regardless of who's to blame. Employers are protected from lawsuits by injured workers, and workers can pursue benefits without proving someone else caused their injuries. But what if your employer does not carry workers' comp insurance? If they are a nonsubscriber, they can be sued by injured workers. They have limited defenses because they chose to waive workers' compensation coverage, and there is no cap on the amount of damages an injured worker can recover. At Arnold & Itkin, we are here to protect workers' rights, no matter what.
What If My Loved One Was Killed While Working?
If your loved one was killed on the job, our Corpus Christi work death lawyers can fight for the compensation you need to move forward. We may be able to help recover damages such as funeral expenses, medical bills, lost wages, loss of companionship, future living expenses, and possibly more. Our team understands the challenges that families face after losing a member, and we're ready to aggressively fight for answers from the people who could've prevented your suffering. While nothing can change what happened to you, our wrongful death lawyers are ready to help you find answers. We thoroughly investigate every case we take to make sure we're holding the right parties accountable. No case is too complicated. No company too big for us to challenge.
Why Should I Hire a Corpus Christi Work Accident Lawyer?
The company you work for should treat you fairly if you were injured. They should handle your claim quickly and help you get the care you need until you can return to work. Unfortunately, this does not usually happen. Construction companies try to avoid responsibility, and workers' compensation insurance providers drag their feet when investigating claims. Workers are left wondering how they will get the care and support they need. An attorney levels the playing field between big corporations and construction workers.
What’s a Houston Oilfield Accident Lawyer?
Houston oilfield accident lawyers help injured workers recover from serious accidents that other parties could have prevented. Hiring an oilfield accident law firm means getting help from a team that will fight for the complete compensation you deserve rather than the low settlement you may have been offered. Injured workers need the help of a Texas oilfield injury law firm to protect their interests.
What Is the Leading Cause of Death in the Oilfield Industry?
Motor vehicle accidents are a leading cause of death in the oilfields. The most recent CDC reports show that 40% of oil and gas industry fatalities are transportation-related. Factors cited by the CDC include long commutes to job sites, long shifts, and insufficient sleep—all of which contribute to driver fatigue. Naturally, accidents occur when workers aren’t getting adequate time for rest between shifts.
What Are Common Causes of Oilfield Accidents in Texas?
Most often, Texas oilfield accidents are caused by the negligence of oil and gas extraction companies. Common sources of oilfield accidents include poor training, inadequate equipment maintenance, unsafe work sites, and other types of negligence by employers. Ultimately, the causes of an oilfield accident inevitably lead back to the companies who own, operate, or staff the drilling rig.
Who Is Responsible for Oilfield Accidents?
While all accidents are different, there are several common liable parties. First, employers are required to provide training, safety equipment, and perform the maintenance required to keep oilfield worksites safe. Since oilfields often require more than one company to collaborate, a company that a person doesn’t work directly for could be liable for an oilfield accident or injury.
What Is My Oilfield Accident Case Worth?
Since every accident is different, you’ll need to speak with our team of oilfield injury lawyers to get an accurate answer. Making sure our clients are taken care of is important to us, so we approach a case from all angles to make sure clients have the financial stability they need. But generally speaking, your case is at least equal to the cost of all your lost wages, medical bills, and future medical expenses. Some cases can claim recovery for the pain and suffering a plaintiff has endured.
What Are Common Oilfield Accidents?
While oilfield accidents happen in endless ways, there are a few common types that may injure or kill workers. While different, nearly all oilfield accidents are preventable. When a negligent party causes an oilfield accident, we’re ready to hold them accountable for it. Common oilfield accidents include explosions, fires, toxic exposure, slip and fall accidents, crush injuries, amputations, equipment failure, and more. Additionally, truck accidents are common near Texas oilfields because of exhausted or rushed drivers.
Where Do You Take Oilfield Cases?
At Arnold & Itkin, we help people throughout the United States, including in New Mexico, Oklahoma, and throughout the state of Texas, including Abilene, Amarillo, El Paso, Lubbock, Midland, Odessa, and San Angelo. You can find us fighting for clients in places such as Bee County, Dallas County, DeWitt County, Dimmit County, Frio County, Gonzales County, Gregg County, Harris County, Harrison County, La Salle County, Lavaca County, Live Oak County, Maverick County, McMullen County, Nacogdoches County, Panola County, Rusk County, San Augustine County, Shelby County, Webb County, Wheeler County, Wilson County, and Zavala County. If you have been injured in a rig accident, call us.
Do You Handle Cases Against Large Companies?
Our land rig accident attorneys stand up to oil and gas companies such as BP, Baker Hughes, Burlington Resources, Chevron, Chicago Bridge & Iron, ConocoPhillips, COG Operating LLC, Encana Corporation, EP Energy, EOG Resources, Endeavor Energy Resources, Kinder Morgan, Marathon Oil Corporation, Marathon Petroleum Corporation, Motiva Enterprises, Murphy Oil Corporation, Noble Energy, Occidental Petroleum Corp., Phillips 66, Pioneer Natural Resources, Royal Dutch Shell, SM Energy, Valero Energy, and XTO Energy Inc. We also take cases against companies such as Apache Corporation, Cactus Drilling Company, CEMEX, Chesapeake Energy, Devon Energy Corporation, Helix Energy Solutions Group, Helmerich & Payne, Hitachi, Sendero Drilling, Turner Industries Group LLC, Weatherford International, and more.
What Should I Do After an Oilfield Accident?
If you’ve been injured in an oilfield accident, you need to inform your employer. In the United States, failing to report an oilfield injury can be seen as a sign of dishonesty or fraud. You also need to seek medical attention. This shows you suspected something was wrong, and it creates an early record of injury. Remember you do not always have to trust the doctor that your company recommends. If you do not want to see your company’s doctor, you have the right to request a different one. Finally, contact an oilfield accident attorney in Texas. In doing so, you’ll have the opportunity to speak with someone who will be able to listen to the details of your incident and help you decide if recovery is possible through legal action. Negligent employers must compensate workers for their injuries, and an attorney can help investigate an incident and build a strong case to fight for a fair result.
Do I Need a Plant & Refinery Accident Attorney?
Plant and refinery accident lawyers investigate disasters that take place in industrial workplaces, typically in the energy industry. They’re well-versed in procedures that often result in accidents, like turnarounds, but they’re also familiar with the decisions made by upper management that lead to those plant accidents. If you’ve been injured at a plant or refinery, it’s more likely you’ll uncover what caused your accident when you speak to someone who’s investigated these cases before. That's our plant and oil refinery injury lawyers at Arnold & Itkin. We help injured workers nationwide.
What Causes Most Plant & Refinery Accidents?
Typically, the root cause of plant and refinery accidents is cost-cutting. Skeleton crews, longer shifts, and lack of maintenance are the ingredients that most often lead to an injury or even a catastrophic explosion. One major factor is aging and defective equipment in plants and refineries today. Due to aging plant machinery, the odds of a disaster increase every year that plant owners don’t invest in new equipment.
Can I File a Wrongful Death Case After a Refinery Accident?
If you lost someone you love in a plant or refinery accident, you could have grounds for a wrongful death lawsuit. This is a case filed in civil court against a person or company that acted with carelessness, negligence, or wrongdoing and therefore caused your loved one's death. Our oil refinery lawyers file wrongful death cases to help families find answers, get the financial support they need to rebuild, and see justice served.
Can I Get Fired for Reporting Safety Violations at Work?
Federal law protects “whistleblowing,” which means a plant or refinery employer is barred from firing you, giving you worse hours, or cutting pay/benefits for reporting violations. If you report your factory’s poor safety to OSHA or any other agency, your employer cannot retaliate against you. If you report those same violations to an attorney, you’re also protected by attorney-client confidentiality. If you’re not sure if your employer is violating the law, you can tell a law firm and they can investigate on your behalf.
Is Aging, Defective Equipment a Real Danger?
Aging or defective equipment is one of the chief causes of any given plant accident. In order to increase profitability, plant owners often delay maintenance as long as possible to keep plants in operation. When plants undergo maintenance, workers are pressured to get it done quickly to get back into production. This results in missed repairs or aging parts not getting replaced in time. Some of the nation’s worst plant and refinery disasters were caused by small, broken parts that should have been replaced but weren’t.
Who Is Liable for a Plant Accident?
In many cases, it may be the plant owner. As the owner and employer, companies set safety policy, dictate maintenance schedules, and control the funding for maintenance, safety equipment, and other disaster-prevention measures. If there’s an accident, it’s almost always because a higher-up at the company made a decision to cut corners or limit maintenance costs. The other possibility is that an equipment manufacturer supplied a defective part or machine. Defective parts are often due to neglect by the plant owner, but there are many cases where the manufacturer is also to blame. In either case, our firm has held both manufacturers and owners accountable for plant accidents.
What Is a Product Recall?
A product recall is the process of removing a dangerous product from the market. Products in the United States must meet a set of safety standards to remain on store shelves. When a product is found to be unsafe, it can trigger a national product recall. People who’ve been hurt by a defective product are eligible to file an injury claim, whether their injuries happened before or after a recall.
What Companies Are Liable for Unsafe Products?
This varies based on the circumstances of each case. In some instances, a manufacturer will be responsible for a faulty product. In other cases, the company that designed a product will be at fault. Often, our investigations reveal that multiple parties bear responsibility for causing harm. When we investigate your claim, we’ll approach it from all angles to make sure all liable parties answer for what happened to you.
What Can I Recover Through a Product Liability Lawsuit?
The purpose of a lawsuit is to help injured people get enough compensation to rebuild their lives. Our team fights to help clients recover losses from medical bills, lost wages, pain and suffering, and any other damage caused by a dangerous product.
What If a Product Was Working as Intended When It Injured Me?
Companies can be held at fault for injuries caused by their products, even if the product was working as intended. Manufacturers must warn consumers of any risks associated with the use of their products. If they fail to do so, they’re liable for damages that result. Manufacturers are also obligated to provide instructions about how to safely use their products. Failing to notify consumers of a product’s risks is unacceptable.
What Damages Can I Recover in a Property Contamination Cases?
The compensation you are owed for your contaminated property can include multiple costs, depending on the situation. You will be entitled to the loss in fair market value caused by the contamination, which would pay you the difference in price if you sold your land in its current state vs. if you sold it without any defects. You may also be entitled to the cost of rehabilitating and restoring the property, if you’d like to keep it. A remediation plan will determine how much labor and resources would be needed to fix your property.
What’s a Remediation Plan?
A remediation plan is a plan to reverse or heal the environmental damage caused by oil drilling or hydraulic fracturing (or “fracking”). Remediation plans usually bring together independent industry experts and environmental scientists. Creating a remediation plan is a costly process on its own, usually involving extensive information gathering and on-site surveys.
What Types of Contamination Do Oil Companies Cause?
Oil drilling generates a great deal of waste and equipment, but the main footprint oil operations leave behind is a literal footprint: ruts, slush pits, trenches, mud pits, etc. The longest-lasting contamination from oil operations leaves metals, salts, and toxic waste in the local water supply, rendering a vital resources unusable for generations.
Who Is Liable for a Train or Railroad Accident?
It depends on the accident. If a train takes a curve at a high speed, the train company would be to blame. If a train derails because a railroad track hasn’t been properly maintained, the rail company could be held responsible. In some situations, an accident could be caused by a railroad crossing being unclear, overgrown, or without signage. In those cases, the city or the company responsible for the crossing could be to blame.
What Is FELA?
FELA is the Federal Employers Liability Act. Among other things, it allows railroad workers to sue employers and other parties if they’re injured at work due to negligence. The law was passed in 1908 and still forms the foundation for numerous railroad accident cases today.
What Causes Train Accidents?
Statistically, human error is the single greatest cause of railroad accidents. It’s a direct factor in 36% of accidents, per the Federal Railroad Administration. It is a related factor in numerous other cases. The mechanical causes of train accidents often include defective crossties, poorly lined switches, excessive speed, and brake failure.
Can I Sue an Employer for a Railroad Accident?
Under FELA, a railroad employee is permitted to sue their employer for negligence in the event of a train accident. Unlike most workers, railroad workers are not typically covered by workers’ compensation. As a result, railroad workers are given the chance to sue an employer for damages if they can prove the employer was negligent.
What's the Railroad's Responsibility for Crossing Protection?
The installation of crossing protections is usually funded by state and federal governments, but once installed, it is usually the railroad's job to make sure they are well maintained. The railroad must also maintain adequate sight lines at crossings, clearing away obstructions as necessary.
What Are My Rights If I Was Struck at a Railroad Crossing?
If you can demonstrate the crossing was negligently maintained or that the train operators were acting negligently, you may be able to bring a claim against the railroad company. You may also file a claim against any other person or entity whose negligence contributed to the collision.
What Damages Are Recoverable After a Train Accident?
Recoverable damages can include the past and future medical bills and wage loss, pain, disability, and emotional suffering. If you are married, your uninjured spouse may also have a claim for loss of your services and companionship. In the unfortunate event of a fatal injury, surviving family members can file a claim for the deceased's lost income as well as the loss of care, support, services, society, and companionship. A leading train accident lawyer can help you pursue maximum compensation.
What Are Some of the Health Problems Caused by the Crosby, TX KMCO Plant Explosion?
The chemicals released by the explosion at the KMCO plant in Crosby can be linked to birth defects, cancer, seizures, unconsciousness, coma, and other serious medical conditions if inhaled. This explosion and resulting fire released over 2,000 pounds of dangerous chemicals into the air. In addition to the workers at the plant, people who live and work in the Crosby area may have been exposed to these pollutants.
Can KMCO Be Held Liable for the Injuries I Suffered from the Explosion?
KMCO has a history of environmental and safety violations that extends back to 2011. If KMCO failed to comply with safety standards or was negligent in any way in regard to the maintenance, repairs, and inspection of the plant, they should be held accountable.
Do I Need an Attorney If I Was Injured in the KMCO Plant Explosion?
We highly recommend talking to a lawyer if you or someone you love suffered any type of harm in or as a result of the KMCO chemical plant explosion. You could be entitled to financial compensation for your medical bills, property damage, pain and suffering, and other losses—whether you were working at the plant or live nearby. Plant explosions can cause widespread harm, and every person who has been affected should come forward to make sure the at-fault party or parties answer for what they’ve done.
How Much Does Hiring an Edinburg Personal Injury Lawyer Cost?
Our Edinburg personal injury firm operates on something known as contingency fees. This means that we cover all the costs of a case, so clients don’t have to worry about them as we work to obtain their recovery. After your claim is completed, we’ll only collect a fee if we’ve obtained results for you. Doing this makes the process less financially stressful for our clients and ensures that everyone can afford our services.
Do I Have a Time Limit to File a Personal Injury Claim in Edinburg, TX?
Yes, all personal injury claims have a limit of two years from the date of injury in Texas. If you’ve recently been in an accident, don’t delay calling Arnold & Itkin because you believe you have time. The sooner you call us for help, the sooner we can get to work making sure that we have the time needed to handle your claim properly. If you’re approaching the limit of your claim, don’t hesitate to call us as soon as possible and we’ll get the process started.
Why Should I Hire a Firm That Has Trial Experience?
Hiring a firm that has trial experience means that you’ll have help from a team who isn’t afraid to demand the results that you deserve. Many law firms rarely handle claims inside of the courtroom. Arnold & Itkin has experience with earning the results clients deserve through jury verdicts. In fact, we recently secured an $8 billion verdict from a large pharmaceutical company. While we’ll always work to settle a case before it goes to trial, working with us shows the other side that you have help from a firm who won’t except low offers.
Why Hire a Houston Truck Accident Lawyer?
After a truck accident, insurance and trucking companies prioritize profits over people. They offer low settlements, delay or deny claims, and use legal teams to shift blame. Hiring a top Houston 18-wheeler accident attorney ensures you get the compensation you need, holds negligent companies accountable, and protects your future. Don’t settle for less than you deserve.
How Do I Find a Good Houston Truck Accident Lawyer?
Start by asking friends, family, and coworkers for recommendations, then research online to compare experience and results. Not all truck accident attorneys are the same—you need one with a proven track record in trucking cases and the willingness to take your case to trial if necessary. At Arnold & Itkin, we’ve recovered billions for our clients and never settle for less than they deserve.
What Should I Do After a Texas 18-Wheeler Accident?
Your health comes first—seek immediate medical attention if needed. If possible, take steps at the scene to strengthen your claim. Call law enforcement to file an accident report and keep a copy. Collect the other driver’s information and witness statements. Save all medical records related to your injuries. Get a repair estimate for your vehicle. Lastly, continue seeing a doctor after your discharge to monitor your recovery and document ongoing medical needs.
Is It Worth Getting a Houston Truck Accident Lawyer?
Yes. Truck accidents often cause devastating injuries and financial hardship. A skilled lawyer ensures you get the compensation you need—not just what the insurance company wants to offer. Our Houston truck accident attorneys fight for fair settlements and are prepared to go to trial if necessary. We work to recover damages for medical bills, lost wages, pain and suffering, and other losses to help our clients rebuild their lives.
How Long Does an 18-Wheeler Lawsuit Take?
The timeline for a truck accident lawsuit varies based on factors like liability disputes, the severity of injuries, and whether a settlement is reached or the case goes to trial. Some cases resolve in months, while others take years. The best way to get an estimate for your case is to consult an experienced Texas truck accident lawyer. At Arnold & Itkin, we investigate accidents quickly, determine liability, and prepare every case for trial to secure the best possible outcome as efficiently as possible.
How Are 18-Wheeler Accidents Different from Car Accidents?
Truck accident cases are far more complex than standard car accidents due to the sheer size and weight of 18-wheelers, which cause greater damage and more severe injuries. Unlike car accidents, trucking cases often involve multiple liable parties, including the truck driver, trucking company, cargo loaders, and manufacturers. These cases also require knowledge of federal and state trucking regulations, making it essential to work with a Houston truck accident attorney who has experience handling complex claims and holding powerful trucking companies accountable.
How Common Are Fatal Truck Accidents?
Fatal truck accidents remain a significant concern in the United States. In 2022, 5,936 people lost their lives in crashes involving large trucks, marking a 2% increase from 2021 and a 49% rise over the past decade. Notably, 70% of these fatalities were occupants of other vehicles, 19% were truck occupants, and 11% were non-occupants, such as pedestrians and bicyclists. Texas, in particular, has experienced a high number of such incidents, with 810 deaths resulting from large truck crashes in 2022. This underscores the critical need for stringent safety measures and regulations to protect all road users from the dangers associated with large truck operations.
How Much Does Hiring a Personal Injury Lawyer in El Paso Cost?
Hiring us will cost you nothing upfront. We know people come to us during difficult times. To make getting help more accessible, we work on a contingency fee basis. This means we only get paid if we win your case.
How Can an El Paso Personal Injury Law Firm Help?
When people come to us, they're going through one of the most challenging times of their lives. Besides the physical and emotional pain accompanying accidents, survivors often face financial challenges because of accidents. As top-rated El Paso personal injury lawyers, we fight to make sure these financial problems aren't a factor in clients' recovery. We help recover damages such as medical debt, lost wages, and more.
Should I Accept a Settlement After an Accident in El Paso?
No, you should first speak with an attorney. Often, negligent parties that cause accidents or their insurance will offer a low initial settlement. They do this with the hope of escaping liability for as little as possible. Calling Arnold & Itkin at (888) 493-1629 can ensure you have an advocate on your side who will fight to make sure you're not short-changed.
How Does Neuropathy Affect Different Nerves?
There are, in general, three different kind of nerves: motor, sensory, and autonomic. Neuropathy of the motor nerves causes muscle weakness, lack of coordination, difficulty walking or running, and other mobility issues. Neuropathy of the sensory nerves causes pinching, tingling, or numbness. Neuropathy of the autonomic nerves are especially serious, as autonomic nerves control functions like breathing or heart rate. Damage to these nerves can result in digestive dysfunction, heightened or lowered blood pressure, and poor temperature management.
Can You Stop Neuropathy from Progressing?
Nerve damage results in poor or incomplete signals to the brain, which is what causes the various symptoms of neuropathy. Like physical injuries that result in permanent mobility problems, bad signals sent by damaged nerves will become the “norm” for the spinal cord, causing the spinal cord to send confusing signals on its own. To prevent this, early diagnosis and fast treatment is crucial. Peripheral nerves can heal to a limited degree, but treatment can only prevent further harm, not repair existing nerve damage.
What Causes Peripheral Neuropathy?
Accidents and physical injuries are the most common cause of nerve damage. Car accidents, falls, and medical malpractice can damage nerves in a myriad of ways. Even broken bones can crush or stretch neighboring nerves. Repetitive stress and work-related arthritis can also result in serious nerve damage. When neuropathy reduces a person’s quality of life or renders them unable to work, they have a right to hold those at fault for their injuries accountable for their losses.
What Is Post-Traumatic Stress Disorder?
PTSD is an anxiety disorder that manifests after someone has gone through a life-threatening or fear-inducing event. PTSD results from damage to the “fight or flight” response, which causes people to relive traumatic events repeatedly. People with PTSD suffer from episodes where their fear response will be “triggered” by non-threatening stimuli, subjecting them to anxiety and stress on a near-constant basis.
What Are the Signs & Symptoms of PTSD?
PTSD manifests in various ways, but the most common sign is the involuntary re-experience of the trauma. These flashbacks may trigger physical responses, like a faster heart rate or sweating, and are often intrusive. Other signs of PTSD include hyperarousal, mood swings, angry outbursts, constant tension, and frequent nightmares.
What Makes Some People Get PTSD & Others Not?
Not every accident survivor will have PTSD. People with PTSD often have risk factors for PTSD, while those without PTSD often have certain “resilience factors.” Risk factors for PTSD include witnessing people dying or getting hurt, living through life-threatening events, experiencing extreme fear or terror, or having a history of mental illness. One or any of these factors make it more likely you’ll develop PTSD after an accident.
How Long Does PTSD Last?
It depends. If a person doesn’t receive treatment, they can suffer for life. With the right help, those with PTSD can learn to manage the condition, and its effects can diminish over time. However, some people find that their PTSD becomes worse with time in some instances. If you believe you have PTSD, it’s crucial to reach out to a doctor as soon as possible. Take this opportunity to learn more about your options and rights after a serious injury.
How Much Is My Case Worth?
The worth of your case is dependent on the specific impact of your injuries on your life. For instance, if your job has made you unable to work, then we can claim the loss of your entire income. If you’re still able to work, but at a less valuable capacity or for fewer hours, then we’ll have to calculate how much you might’ve made if you weren’t injured, compare it to your current earnings, and claim the difference.
As Fort Worth injury lawyers, part of our approach is enlisting the expertise of specialists in order to fully calculate the lifetime impact of your injuries. For instance, we bring in economists and health experts to explain how the cost of your injuries might compound over time, and what the total lifelong cost of treatment looks like.
If I Sue My Employer, Won’t They Fire Me?
The law shields you from retaliation from your employer for certain protected actions. Filing a lawsuit for negligence is one of those actions. If your employer cuts your hours, shifts your hours to inconvenience you, or terminates you, they could be in even worse trouble. The law also shields you from blacklisting, so you’ll be able to find another job in your industry if you leave your current employer. If you hire Arnold & Itkin, we’ll do everything it takes to ensure you are protected from all forms of retaliation and injustice. It’s your right to pursue at-fault companies for compensation if you’ve been injured, and we’ll protect that right on your behalf—no matter what.
What Can I Claim in a Personal Injury Lawsuit?
You can claim any losses that resulted from your injuries. That includes both economic and noneconomic damages. Economic (or “special”) damages include any quantifiable financial losses caused by your injury or accident. Noneconomic (or “general”) damages include any non-quantifiable losses you’ve suffered as a result of the accident. Noneconomic damages are only claimable in extremely serious injury cases.
What Rights Do I Have After An Eye Injury?
If you suffered any type of eye injury, whether it was caused by physical trauma or exposure to hazardous substances, you have the right to seek medical treatment and financial compensation. Your rights will vary depending on what caused your injury and where it occurred. Work-related eye injuries, for example, may be covered by workers’ compensation. This would entitle you to medical care and money for lost wages without the need to prove the fault of another person or entity. If your eye injury was caused by another’s negligence or by a defective product, you may have a personal injury or product liability lawsuit. By reviewing your situation and talking to you about what happened, our team of eye injury lawyers at Arnold & Itkin can help you take the necessary steps to assert your rights and get the help you need to work toward a brighter future.
What Type of Damages Does an Eye Injury Claim Cover?
A personal injury lawsuit for an eye injury may cover various economic and non-economic damages, all meant to help the victim restore his or her life to the same or similar situation as it was before the injury occurred. This may include medical treatment, future medical care, assistive devices, home modifications, lost income, loss of potential earnings, pain and suffering, loss of enjoyment of life, mental anguish, and possibly more. Maximizing your recovery can make all the difference as you work to move forward and build a more stable future for yourself and your family.
If I Suffered an Eye Injury, Should I Call an Attorney?
If you have been seriously injured, you should seek the medical treatment you need and call an attorney. You can’t rely on the insurance company or your employer (if your eye injury is work-related) to protect your interests. With injuries that affect your eyes and vision, you’re likely to face a long road to recovery that’s paved with expensive treatment. An attorney with experience in these matters can help you get the medical treatment and financial help you need, no matter the opposition you may encounter in having your claim undervalued, delayed, or denied. An attorney can push through to a positive resolution that gets you the answers and accountability you need.
What Causes Chemical Plant Explosions?
The sad truth is that human error is responsible for the majority of chemical plant explosions. This may stem from a single person making the wrong decision in the moment, or from years of negligent decision-making by company executives. Poor maintenance, aging equipment, improper implementation of safety policies, and lack of adequate training are all examples of human behavior that can lead to disastrous explosions. Every chemical plant explosion can be traced to a single cause or to a number of contributing factors. Identifying these will be a crucial part of seeking justice for injured workers and their families.
What Should I Do if I Was Injured in a Plant Explosion?
You should seek medical attention immediately, and you should be wary of signing anything or giving a statement about the incident until you’ve talked to an attorney. You may think that the company you work for will treat you fairly, but in our experience as chemical plant explosion attorneys, we’ve seen large corporations do everything in their power to avoid paying workers what they need to recover. Get the medical care you need. Put your health first. And then talk to an attorney about your legal rights and options–before you agree to anything or sign anything that could limit your right to a full and fair recovery.
Do I Need a Chemical Plant Explosion Attorney?
You are not required to hire an attorney to handle a workers’ compensation claim after a chemical plant explosion, but you may find it in your best interests to do so. Too often, injured workers and their families are treated unfairly by employers and workers’ comp insurance companies. An attorney will serve to level the playing field, with the additional advantage of protecting your interests in the face of unnecessary delays or lowball settlement offers. The right attorney can pursue the level of compensation that will help you rebuild, recover, and move on.
My Company Offered a Settlement, Should I Accept It?
You should always speak with an attorney before accepting a settlement for your oilfield injury. While it might seem like your company is trying to do the right thing, initial settlement offers are often lower than they should be—whether they’re meant to be or not. Importantly, accepting a low initial settlement often blocks a person from seeking further compensation once they realize that they deserve and need it.
Speaking with our team is free, confidential, and will help you decide if you’re making the right decision.
Are Workers Responsible for Plant & Refinery Accidents?
Often, employers try to shift the blame to workers for the very accidents that harmed them. Yet, they’re the ones ultimately responsible for preventing accidents. Companies must make sure they hire qualified workers, train them, and take very step possible to make a worksite safe.
What Can I Recover After a Plant or Refinery Accident?
Getting help from a personal injury lawyer means having someone who will seek compensation for the full extent of your financial damages from an accident. This includes payment for lost wages, medical bills, lost earning capacity, and the cost of future care. Additionally, compensation for non-monetary damages such as emotional and physical suffering is possible.
What Should I Do After an Accident at a Refinery or Plant?
The first thing you should do is seek medical care. If your company sends you to one of their doctors, remember that you have the right to get a second opinion. Second, you should inform your employer of the accident and any injuries that you sustained. If they offer you a settlement, never accept it until you speak with an attorney. Initial settlements are often low and designed to get a person to accept less than they deserve.
If you’re uncertain if you should file a workers’ compensation claim or a lawsuit, speak with Arnold & Itkin. Our Fort Worth accident law firm can review you case for free and help you decide what option is best.
How Much Does Hiring a Work Injury Lawyer in Fort Worth Cost?
Getting help from our billion-dollar winning firm costs nothing upfront. We cover all costs associated with a case and only collect a payment if we secure results for clients. This makes getting our help attainable and relieves financial stress for our clients.
What Companies Are Involved with the Deepwater Asgard?
Transocean and Beacon were involved with the Deepwater Asgard’s operations at the time of Hurricane Zeta.
What Type of Claim Is Possible After the Deepwater Asgard Incident?
When offshore workers sustain injuries, they are protected by a law known as the Jones Act. In short, this law helps make sure workers can pursue negligent offshore employers for the compensation they need after an accident. If you sustained injuries during the *Deepwater Asgard’s *encounter with Hurricane Zeta, you might be able to file a Jones Act claim. This includes injuries that are physical as well as emotional.
Can I Be Blacklisted for Filing an Offshore Injury Claim?
No, you cannot be blacklisted for filing an offshore injury claim. While there are rumors that companies blacklist workers for holding them accountable, there’s no proof that such a list exists. Moreover, this practice is illegal.
Who Is Responsible for Industrial Accidents?
Too often, companies try to shift blame to workers and bad luck for accidents. However, they're legally responsible for making sure that accidents are prevented. Companies are expected to train employees, provide safety equipment, and perform any maintenance required to do the job safely.
Why Do Drowning Accidents Happen?
Humans do not have a natural instinct for swimming and water survival. We must be taught to swim. Most drownings occur because of a lack of proper care or supervision, particularly when children are involved. According to the International Life Saving Federation, more than half of the approximately 1.2 million people in the world that die by drowning are children. About one-third of these children drown at or around the home. Negligent supervision and the lack of fencing or other barriers around pools are the leading causes of drownings in children. For adults, drowning can be linked to alcohol use, boat and other watercraft accidents, and even natural disasters.
What Is Secondary Drowning?
Another danger in drowning accidents is secondary drowning. This is an extremely rare complication that may occur after swimming when water is inhaled into the lungs. This inhaled water can cause irritation and inflammation, which makes it difficult to breathe. In an attempt to help, the body may then send fluids from other areas of the body into the lungs, which only ends up making the situation worse. Secondary drowning can lead to cardiac arrest or death, and it can happen anywhere from a few minutes to a few days after water first got into the lungs. Secondary drowning can even occur if a person did not have a near-drowning accident and was simply swimming and inhaled water. It is important to note again, however, that this is an extremely rare condition.
Who Is Responsible for Drowning Accidents?
There are different people and companies that could be held legally accountable for a drowning or near-drowning accident. It may be a lifeguard or other person who was responsible for watching a body of water. It may be the owner of the property where the pool or other water was located. It may be the manufacturer of a defective filter, drain, or other pool part. To determine liability, it will take a complete investigation and analysis of the evidence, witness accounts, and more. You need to be certain that your attorney has the resources to figure out and then prove who is responsible for your injuries or loss.
Who Is Liable for Airport Injuries?
The party liable (legally responsible) for an accident or injury at an airport may be an airline or the airport itself. All but one commercial airport in the U.S. are owned and operated by public entities, and this can make filing a lawsuit challenging—but not impossible. At Arnold & Itkin, we have the experience and wherewithal to take on any airport or airline. We can investigate your accident to identify cause and then prove fault, which will open the door to the recovery of compensation for your injuries.
What Causes Airport Accidents?
Many airport accidents are caused by unsafe conditions. Airports are busy places. You have thousands of people trying to get through security and to the correct gate, or who have just gotten off their flight and are headed to the baggage claim to get their luggage. You also have people taking passenger transport vehicles like trams, busses, and shuttles. All of this together can create a recipe for disaster if the airport is negligently maintained. Moving walkways, luggage conveyor belts, escalators, and electric carts can all pose hazards to people walking through the airport or getting their bags. Spills on walkways, defective flooring, broken handrails, and uneven airplane ramps can cause serious accidents.
What Can I Do if I Was Injured at an Airport?
If you were injured at the airport, whether you were getting on a plane, were at a restaurant near your gate, or were harmed while trying to get your bag from the baggage claim, you may have a case against the airport, airline, or another party. Seek medical attention first and foremost, and then talk to an attorney. In nearly every case involving an airport accident, the at-fault party will try to deny liability. You’ll need someone in your corner to make sure your rights are protected every step of the way.
When Do I Know If I Need a Galveston Personal Injury Lawyer?
In our experience, when people think they might need a lawyer, they actually do. Legal matters are complicated, especially when it comes to the time after an accident or the loss of someone you love. You might not be sure where to turn or if you even have a case. A qualified Galveston personal injury lawyer can talk to you about what happened and offer insight into your options. While you may not need an attorney after a minor accident that had no long-term effects, serious injuries can have a significant impact on your life. Having an attorney to help ensure you get fair compensation for all of your treatment, ongoing care, and losses can be crucial to your full recovery.
What Does It Cost to Hire Arnold & Itkin?
There is no upfront cost when you work with Arnold & Itkin. We forward the costs of the cases we handle, and we only collect legal fees when we recover compensation for a client. That means that there is no risk, and you don’t have to worry about paying for our services ahead of time. We typically get paid out of the settlement or award we recover for our clients, based on a pre-determined agreement. There are no unpleasant surprises or hidden costs.
Will My Case Go to Trial?
The vast majority of personal injury cases settle before they reach the courtroom. However, our Galveston injury lawyers are known as powerful litigators, and we appear more frequently in court than most other attorneys. We also consistently set and break records for the verdicts and settlements we win on behalf of our clients. This means that the opposition knows we mean business. It also means that insurance companies and big businesses are usually more willing to negotiate and settle ahead of time, but that we will not hesitate to go to court if that is what it takes to get a fair result for our client. In all, we have won more than $10 billion for our clients. If we take your case, whether it goes to trial will depend on the facts at hand and whether the opposition is willing to work with us to reach a fair settlement. As always, we put our clients’ interests first and take whatever approach is best.
What Will My Galveston Personal Injury Case Be Worth?
Every case is different, and the value of an individual case will depend on a number of key factors. These include the extent of injuries and losses that a person has experienced, whether their injuries will have an ongoing impact on their lives, the emotional trauma they endured, and more. Some personal injury lawsuits settle for tens or hundreds of thousands of dollars. Others go to trial and end with verdicts in the millions, tens of millions, or hundreds of millions of dollars. When you come to Arnold & Itkin, we will be honest and straightforward about the potential value of your case and how to best approach it.
What Causes Most Hot Tub Injuries?
Hot tubs present varied hazards. They have slippery surfaces, heat, and water all in one place, which opens the door to injury in the presence of carelessness, negligence, or defective products. Slip and fall accidents are the most common cause of hot tub injuries (accounting for about half of injuries), followed by heat overexposure (accounting for about 10% of accidents), according to a study by the National Electronic Injury Surveillance System. Near drowning occurred in about 2.5% of hot tub accidents.
What Should I Do After a Hot Tub Accident?
Whether you were injured at a hot tub in your own home, at a spa, at a resort, or in a hotel, you should consider your right to financial compensation. The manufacturer of the hot tub could be accountable, or the owner of the property where it was located. By investigating the circumstances that led to the incident and your injuries, a competent legal team can determine who’s responsible. So, seek medical care, gather any evidence and documents that you can, and contact an attorney to discuss moving forward with a case against the person or company that’s responsible for what you’ve experienced.
Why Are Children the Most Frequent Victims of Hot Tub Accidents?
Young children have small bodies that do not tolerate heat as well as adults. Their smaller stature also means that they cannot stand easily in a hot tub. So, children are at a much higher risk of drowning or suffering heat-related injuries in hot tubs and spas. According to the Consumer Products Safety Commission, since 1990, nearly 90% of fatal hot tub accidents involved children under the age of 3. Children should be closely supervised and property owners should take care to ensure that children cannot reach unsafe areas like swimming pools, spas, and hot tubs on their own.
What Makes Duck Boats So Dangerous?
Duck boats can pose a higher risk to passengers in the event of an emergency from heavy weather or mechanical failure for two key reasons: they sit low in the water and they have overhead canopies. Because they sit so low, more of the vessel is already below the surface. They are more likely to take on water when waves get high and they will sink faster. Their canopies make it more difficult for passengers to escape if the boat starts to sink. Some duck boat companies have added windows to the canopies to heat and cool the boats, but this only makes it more difficult for passengers to get out in an emergency. Because these are amphibious vehicles, both bus and boat, it can also be difficult to determine which safety regulations apply–opening the door to hazardous conditions that put everyone on board at risk.
How Many People Have Died On Duck Boats?
The NTSB reports that 37 people have died and 104 have been injured in duck boat accidents in the United States. Some of these injuries and deaths have been attributed to unseaworthy vessels, heavy weather, and negligence by boat operators. Others have occurred on land while the boats were driven on streets or docks. Both passengers and pedestrians have suffered harm from duck boat accidents.
What Can I Do If I Was Injured or Lost a Loved One in a Duck Boat Accident?
If you lost someone you love or were injured in any type of accident on or involving a duck boat, talk to an attorney. Don’t accept the first settlement offer or give a statement to the insurance company or a representative of the duck boat tour company without talking to a legal professional about your rights. If negligence or wrongdoing was involved, you are entitled to compensation from the responsible party. You deserve to be compensated for your medical bills, lost earnings, pain and suffering, and more.
What Are My Rights as an Insurance Policy Holder?
Texas law requires insurers to treat their claimants fairly, honestly, and timely. An insured person has the right to a timely and thorough investigation, fair and prompt payments, information about why a claim was denied, and can hold insurers accountable for failing to hold up their end of the deal. When insurers are behaving unfairly, they are employing something as bad faith practices.
How Much Are Hurricane Losses Worth?
This differs with every claim. On average, a household has about $25,000 in goods. Many estimates place damages for homeowners after a serious hurricane at least $70,000. However, it’s impossible to know how much you’re entitled to without obtaining an appraisal of damages. If you think the adjuster isn’t being fair or accurate, contact a hurricane insurance claim attorney as soon as possible.
My Insurance Company Is Taking a Long Time. Is This Legal?
No. Insurance companies are expected to respond to claims within a reasonable amount of time. In Texas, an insurance company has 15 days to respond to claim after it’s made by a policyholder. Then, they are required to address the claim and approve or deny it within a reasonable amount of time. Sometimes, insurance companies will delay a claim with the hope of frustrating a claimant into accepting less than they deserve. You don’t have to accept this behavior and an insurance claim lawyer from Arnold & Itkin is ready to help you.
How Can an Irving Personal Injury Law Firm Help?
Our personal injury attorneys are always focused on making sure our clients have the financial means to recover from an accident. This means seeking compensation for obvious damages such as medical bills, lost wages, and any other loss caused by an accident. It also means seeking compensation for less obvious damages such as physical and emotional suffering, the cost of future care, lost earning capacity, and much more. We approach every case with the unique attention it deserves to make sure we’re acting in the best interests of the people who are trusting us to make a difference for them.
Should I Hire a Personal Injury Lawyer If My Loved One Was Killed?
Yes, family members of those killed by the negligence of another person might be able file a wrongful death claim. When helping grieving families, our Irving wrongful death lawyers work to help them with financial issues such as funeral expenses, medical bills, loss of consortium, lost income, and much more.
Can I Sue for My Injuries?
If another party could have prevented your injuries yet failed to do so, you might be able to file a personal injury claim. Importantly, this is true even if you might be partially at fault for your accident or injuries. The best way to find out if you have a claim is by calling our Irving personal injury law firm at (888) 493-1629 for a free and confidential consultation. It comes with no obligations and will help you discover your options for recovery.
What Is My Case Worth?
Every case is unique. The value of yours will depend on how severely you were injured and what impact these injuries have had and will have on all aspects of your life. You could be entitled to compensation for medical care, lost earnings, emotional trauma, and possibly more. The jurisdiction and who is at fault can also affect the value of an Irving personal injury case, but an attorney can determine its potential worth based on these and other factors.
What Is the Contingency Fee for an Irving Personal Injury Lawyer?
Our firm handles personal injury cases on contingency, which means that we only get paid if our client does. We also charge no upfront costs or fees, making it as easy as possible for our clients to get the experienced legal counsel they need. We only get paid once we win a verdict or negotiate a settlement for our clients.
Is There a Time Limit for Personal Injury Cases in Texas?
There is a two-year statute of limitations on personal injury lawsuits in Texas. This means that you have two years from the date of an accident or injury to come forward with a case, or you could lose your right to come forward altogether. There are some exceptions to this rule, however. If a minor is injured, they will have 2 years from their 18th birthday to come forward. If an injury or illness is not discovered until a later date than when the act of negligence or wrongdoing occurred, the injured party may have two years from the date of its discovery to file suit. Because every situation is different, it's important to talk to your lawyer about what may apply to your case.
Why Did the Guardrail Not Work and/or Impale My Vehicle?
Sometime after 2000, Trinity began changing the design of their ET-Plus guardrail model without notifying the FHA, which approved their design. In the whistleblower lawsuit, the claimant alleged the original design featured a slot that was wider and longer than the slot in later models. This slot is what allows the terminal to slide back on the rail and absorb impact safely. He claims the slot was shortened and narrowed to save money on material and make it harder for guardrail terminals to be re-used after an accident—forcing local governments to purchase more. He also claims the shorter, narrower slot had an unintended effect: it locks up the guardrail plate, turning the rail into an enormous, deadly spear.
Did Trinity Know This Would Happen?
There is potential evidence that Trinity may have known about the effect of the design changes. Between 2005 and 2006, Trinity filmed five crash tests of the ET-Plus that were never shown to the federal government until the lawsuit. In the videos, the guardrail fails to absorb the force of the crash—twice by causing the car to roll and once by impaling the vehicle. Trinity claims they were testing an experimental model of the ET-Plus that never went into production. But, crash test videos from 2005 to 2010 were publicized when the guardrail functioned as designed.
Will Trinity Pay for the Damages Caused by Their Design?
Trinity has publicly stated they don’t believe they’ve done anything wrong. In addition, they intend to fight every lawsuit and have hired dozens of top litigators from firms around the country. If you want Trinity to pay for what they’ve done, you’ll need to hold them to it in court.
If Trinity Was Found Guilty, Why Do I Need to Sue Them?
Trinity Industries was found guilty of defrauding the U.S. government, and it was proven in court that they made unauthorized changes to their design—changes that may have made guardrail terminals potentially deadly. However, to hold Trinity responsible for a plaintiff’s injuries, the plaintiff has to bring their individual claim (with unique damages and circumstances) against Trinity. In other words, Trinity is guilty under the False Claims Act, but they can’t be found guilty of harming you specifically—unless you sue them. The False Claims Act verdict can be used as evidence, but our lawyers have to review your case before we can determine if you have a lawsuit.
How Was the Guardrail Supposed to Work?
The first guardrail terminal (the ET-2000) was designed to act as a highway airbag. The front-facing steel plate is attached to a ribbon of steel, cushioning the vehicle’s impact while the steel ribbon bends and folds like an accordion. When it works, it’s a safe solution. When cars strike the guardrail, it slows them down, limits the damage caused, and creates a safe way for the energy of an impact to be dispersed throughout the railing. The first one was designed by Texas A&M University, funded by the Texas DOT, and developed by Syro Steel Co. in 1989. Trinity bought Syro Steel Co. in 1992.
What Is Trinity Industries?
Trinity Industries was founded over 80 years ago. Since then, they’ve grown into a $6.4 billion company, producing rail cars, guardrails, inland barges, energy equipment, and other products involving infrastructure. Their decision to alter their design to save on costs reportedly only saved them .0008% of their annual revenue. The firm is not only planning to fight every lawsuit being brought against them, but they’ve also appealed the False Claims verdict—saying the case should have been dismissed.
What Is the Statute of Limitations for Personal Injury Cases in Beaumont?
In Beaumont, Texas, the statute of limitations for personal injury cases typically varies depending on the type of injury and the circumstances surrounding the incident. Generally, the statute of limitations for personal injury cases is two years from the date of the incident. However, it's crucial to consult with a legal professional to understand the specific statutes of limitations that apply to your particular case. Additionally, certain exceptions or circumstances may impact the timeframe within which you can file a personal injury claim. Therefore, seeking timely legal advice is essential to ensure that your rights are protected and that you take appropriate action within the applicable statute of limitations.
What Types of Compensation Can I Receive in a Personal Injury Lawsuit?
A personal injury lawsuit grants an injured or wronged party the opportunity to recoup their losses. This may mean that they can recover compensation for medical treatment, ongoing care and therapy, lost earnings, loss of future wages, and property damage. Personal injury cases even offer the chance to recover compensation for non-economic damages like emotional trauma, pain and suffering, and loss of enjoyment of life. The purpose of the damages awarded in a Beaumont personal injury case is to help the plaintiff rebuild and move on with their life. A significant recovery can do just that.
If I Lost a Loved One, What Are My Options? Can Your Beaumont Injury Firm Help?
When someone loses a parent, child, spouse, or other family member, they can take legal action by filing a wrongful death case against the at-fault party or parties. Cases of this kind can be filed after serious motor vehicle accidents, workplace accidents, drownings, accidents on another’s property, and any other scenarios where someone lost their life through no fault of their own. Defective and dangerous products and exposure to toxic or hazardous substances can also offer grounds for wrongful death lawsuits. In Texas, the surviving family members can seek compensation for financial losses and emotional trauma.
What Are Common Causes of Helicopter Accidents?
There are many different situations that can lead to a crash. Operational errors refer to helicopter accidents caused by some form of human error—usually by the pilot. For example, it could mean that the pilot did not operate within the aircraft's operational limitations or they operated in unsafe conditions. Mechanical malfunction refers to accidents caused by the failure of some component. This could mean the component was improperly designed, was never tested, or was manufactured incorrectly. Electrical malfunction refers to accidents caused by some malfunction in the electrical components of the aircraft. This can stem from an electrical source that malfunctions, an electrical short, inadequate design, testing, or improper quality control.
How Often Does Human Error Cause Helicopter Accidents?
While countless amounts of research continue to show small numbers of airworthiness failures in helicopter accidents, the primary cause points back to human error. Research conducted by Bell Helicopter Textron shows that between 1985 and 2004, about 75% of all accidents were due to human error, while other concerns were divided among the remaining 25%. According to years of research, this helicopter company learned that in nearly all human error-related accidents, poor judgment was at the root level. What then, leads to poor judgment on the part of the pilot? The primary concern is the lack of training on how to handle possible accident situations or how to properly assess and respond to risks.
How Often Do Helicopters Crash?
The latest numbers from the FAA report that helicopter crashes occur 1.02 per 100,000 flight hours, which is much higher than the average for all aviation accident types. In 2019, 24 helicopter accidents led to 55 fatalities in the United States. Many of these crashes occurred due to pilot error and lack of fuel.
Who Is Liable for Helicopter Accidents?
Liability for a helicopter accident will vary depending on the circumstances of the crash. It will take an in-depth investigation to determine what caused the accident and, therefore, who is responsible. If equipment failure was to blame, it may be that fault lies with the manufacturer of the part or perhaps the pilot or engineer who was responsible for inspecting or maintaining that piece of equipment. If pilot error was to blame, the pilot or their employer could be held responsible. Helicopter charter companies, manufacturers, mechanics, airport personnel, and helicopter owners/operators are all examples of potentially at-fault parties after a helicopter crash.
What Should I Do if I Was Hurt While Being Transported to the Rig?
Helicopters may be the preferred method of transportation to offshore rigs, but they can be dangerous. If you were hurt while being transported by helicopter to a rig, you need to protect your interests. Make sure you seek medical care, take notes about what happened, inform your employer, and avoid signing anything or making an official statement. You do not want to jeopardize your right to full and fair compensation by signing a document or agreeing to a settlement that limits your employer’s liability. Your life has been changed by this incident. Make sure you get the compensation you need to put the pieces back together.
What Are My Rights After an Offshore Helicopter Accident?
First and foremost, you have the right to seek medical treatment at the hospital and by the practitioner of your choosing. Your employer cannot legally force you to use a doctor or go to a hospital that they choose for you. You also have the right to fully recover until you’re cleared by your doctor to return to work. Your employer may try to get you to return sooner. If you do not feel well enough to return, communicate this to your doctor and hold your ground. You also have the right to refuse to sign anything or give any official statements about the chopper accident and your injuries unless you have your attorney present. You need to look out for your own interests, and asserting these rights will help ensure this.
Is Whiplash A Serious Injury?
Yes. While it is sometimes joked about after an accident, whiplash is an injury that can have lasting repercussions for a person, affecting their personal and professional life.
How Long Do I Have to File a Personal Injury Lawsuit?
In Texas, a person who has been injured has two years from the date of the incident that caused them harm to come forward with a personal injury lawsuit. There are exceptions, however, such as if the person who was injured was a minor at the time. They would have two years from when they turn 18 to come forward with a case. Waiting more than two years to file a lawsuit could result in an inability to pursue compensation from at-fault parties. This applies to general personal injury claims, such as those related to car accidents, dog bites, injuries on another’s property, and similar incidents.
Are Whiplash Symptoms Immediate & Obvious?
Whiplash symptoms are different from person to person and accident to accident. Sometimes, the effects of whiplash are immediately obvious after an accident. In other instances, a person might not realize they’ve suffered a whiplash injury until days–or even weeks–after their accident.
What Injuries Are Caused by Offshore Helicopter Crashes?
Unfortunately, the very nature of an offshore helicopter crash means everyone on board may not survive, and those who do may experience catastrophic injuries. These include traumatic brain injuries, burn injuries, spinal cord injuries, and loss of limb. In addition to this, there is a high risk of post-traumatic stress disorder from the experience itself. All of these injuries will impact a victim’s life. It’s important to secure the level of compensation that will cover all medical care, lost income, ongoing expenses, and emotional trauma associated with the accident—so the victim and his or her family can face a more stable future.
Should I See a Doctor If I Think I Have Whiplash?
Absolutely. Seeing a doctor can be useful for more than just your recovery. Medical attention creates an early record of your injury and can help create a stronger case if you decide to pursue the other party with a personal injury lawsuit. You should always go to the doctor after an accident, even if you do think you are injured.
What If I Was Partially at Fault for My Accident?
Under a principle known as proportionate responsibility or comparative negligence, a person who is partially at fault may still come forward with a personal injury lawsuit in Katy, Texas. As long as the person was less than half at fault, they may still recover compensation from the other party or parties who were to blame. Their settlement or award would be reduced by whatever percentage they were to blame. For example, a pedestrian with $100,000 in damages may be eligible for $80,000 if he was found to be 20% to blame for his injuries (for example, looking down at his phone). Every case is different and you may be able to pursue compensation even if you think you were responsible, so we recommend talking to our Katy injury attorneys about your situation and concerns.
The Insurance Company Offered a Settlement. Should I Accept?
Before signing anything or cashing a settlement check from the insurance company, you may need to sit back and consider whether the settlement is fair. Insurance companies are notorious for offering low settlements that do not cover all of a person’s losses and expenses. The claimant, desperate for help, may still accept – because they think they have no other option. This is simply untrue. An attorney at our Katy, TX law firm can review your settlement offer to see if it is in your best interests. If it’s not, we have the ability to counter the offer and work toward a more reasonable outcome. We can even take your case to court if needed, but most of the time our involvement alone is enough to send the insurance adjuster scrambling to make a better offer.
What’s an Aerial Lift?
An aerial lift is a vehicle-mounted platform that can move vertically and horizontally. Cherry pickers or bucket trucks are examples. When working at a height from an aerial lift, OSHA requires a “personal fall arrest” system for every worker. Despite that requirement, dozens of construction workers die from aerial lift accidents every year.
How Often Does an Aerial Lift Need to Be Inspected?
At minimum, aerial lifts must be inspected on an annual basis by a mechanic qualified to inspect that particular make and model. They must also be inspected if the aerial lift was bought from a previous owner, the lift has been in service for 3 months or 150 hours, or the lift has been out of service for 3 months.
Who Can Be Held Accountable for an Aerial Lift Accident?
Depending on the accident, the manufacturer, the owner, or the operator of the aerial lift could be held liable. If the accident was caused by a manufacturing defect, then the manufacturer could be sued. If it was a result of the misuse or poor maintenance, then the owner or the operator could be held responsible. In order to understand who was actually at fault for your accident, you’ll need to speak with an aerial lift accident attorney today.
What Causes Aviation Accidents in Dallas?
One or more parties may be liable for an aviation accident. If the pilot failed to check instructions, respond correctly to weather conditions, or obey the correct takeoff or landing procedures, they could be to blame. If the mechanic failed to inspect, maintain, or repair defective equipment, they could have been at fault. An air traffic controller could also be at fault if they failed to give timely warnings or steered aircraft into dangerous flight paths. A manufacturer could even be to blame for a crash caused by improperly manufactured aircraft parts or designs.
What Injuries Are Caused by Aviation Accidents?
Studies have shown that aviation accidents usually result in severe or fatal injuries. Burn injuries, brain damage, spinal cord injury, and broken bones are most commonly associated with aviation accidents. Plane crash survivors rarely escape without incurring a life-changing injury, both physically and psychologically.
The healthcare costs for these injuries are significant and long-term. Most families don't have the resources to cover the medical costs of a plane crash, which is why filing a claim against at-fault parties is so vital. It holds plane companies and airlines accountable, but it also gives you the money you need to survive and move forward. In some cases, families aren't sure what to do next after losing a loved one to a preventable aviation accident. Our Dallas wrongful death lawyers are ready to help them find a path forward when this happens.
How Can a Dallas Aviation Accident Law Firm Help?
It is vital to have strong legal representation if you have been injured in an aviation accident—whether it was a preventable explosion or a crash caused by negligence. Our plane accident lawyers can help evaluate your case and offer legal options, helping determine who is at fault for the accident and helping you fight for the financial support you need by facing off against major insurance companies and airlines.
What Causes Dallas Boat Accidents?
Approximately 11.9 million recreational boats were registered in the United States in 2018, according to the U.S. Coast Guard. That year, 633 people were killed and 2,511 were injured in 4,145 accidents. Of all boating accident fatalities, drowning was the cause of death 77% of the time (where cause of death was known). The Coast Guard lists the five leading causes of boating accidents as operator inattention, improper lookout, operator inexperience, machinery failure, and speeding.
What Can Dallas Boat Crash Lawyers Help With?
Most boat accidents, like other vehicle accidents, occur because a person or company was negligent. This means that they failed to exercise a proper amount of care in the circumstances. Although their intention may not have been to cause an accident, they can still be held legally responsible. Our Dallas boat accident attorneys know precisely how personal injury, wrongful death, workers’ compensation, and maritime laws apply to these accidents—and we know how to use this knowledge to benefit our clients. These cases can be extremely complicated, but we never hesitate to put in the work it takes to secure the best result for every client we represent.
How Much Does Hiring a Dallas Boat Accident Law Firm Cost?
Hiring Arnold & Itkin costs nothing upfront because we work on contingency fees, meaning we only collect a payment if we win a case. Importantly, we cover all costs associated with a client's case—from court fees to investigative costs—so they don't have the financial burden of it.
Do I Need to See the Company Doctor?
Your employer may have tried to pressure you into seeing the company doctor after your accident. They may have even had you sign a document saying you’re well enough to go back to work. However, it’s your right as a seaman to seek a second opinion and get medical care from any practitioner you want. Your health comes first, which is why you should focus on getting care from the doctor, facility, or specialist you want. If you’re unsure about your medical rights following an offshore accident, speak with our Lafayette maritime lawyers as soon as possible. We offer free consultations at no risk to you.
What Is My Offshore Injury Case Worth?
It depends on the line of work you’re in, the circumstances of your injury, and the extent of your harm. Some workers might be entitled to file under the Jones Act, while other workers may need to seek other avenues of recovery. Arnold & Itkin pursues every possible recovery option on each client’s behalf, maximizing their potential award and offering them peace of mind. We’ll seek to recover the full value of your medical expenses, occupational therapy, diminished future earnings, ongoing treatment, lost wages and benefits, emotional and physical suffering.
How Much Does Hiring a Lafayette Maritime Lawyer Cost?
Turning to help from our top-rated offshore injury firm means no financial risk for you. We handle all costs associated with a case and only collect a fee if we win results for you! We do this to make the process less stressful and because it shows our clients that we’re as invested in getting results as they need us to be!
Who Is Liable for a Bus Accident?
If a reckless driver collides with a bus, it’s likely that they’re liable for the accident. However, bus accidents are often caused by unqualified bus drivers, careless companies, or parts manufactures that fail to make safe products. The most important part of securing justice from negligent parties after a bus accident is making sure you call the right Dallas bus accident law firm. Starting the process is free and confidential when you call Arnold & Itkin at (888) 493-1629">(888) 493-1629.
Should I Call a Bus Accident Lawyer After an Accident?
Yes, calling a lawyer will help make sure you’re taking the right steps to recovering as much as possible—even if the other side has offered a settlement. Our Dallas bus accident lawyers will listen to what happened and help you determine if you have a case or are being offered the right compensation for your injuries.
What Can a Bus Accident Law Firm Help Me With?
We’re always focused on making sure clients have the financial means to move forward after serious bus accidents. Investigations into bus accidents can be complicated as they involve multiple parties, complex regulations, and powerful insurance companies. Our Dallas bus accident law firm focuses on making sure a claim is handled properly, thoroughly, and that our clients are being treated right throughout the process.
Are Private Planes More Likely to Crash?
Statistically speaking, the odds of crashing in a small plane are higher than in a commercial aircraft. Private aircraft, including personal planes, corporate jets, and helicopters, are all grouped into the category of “general aviation” by the National Transportation Safety Board (NTSB). The NTSP expresses the accident rate for commercial versus general aviation by the number of accidents per 100,000 flight hours. In 2015, the fatal accident rate was .84 and the total accident rate was 5.32. These odds are very low, but the odds of dying in a commercial airline accident are far lower. In 2015, the fatality rate for U.S. commercial airlines was 0. The accident rate was 0.155 per 100,00 flight hours.
Who Can Be Held Liable for a Private Plane Accident?
Liability in a private plane accident may lie with the pilot, air traffic control, the plane manufacturer, a mechanic, or possibly another party. Because private planes are not required to have “black boxes” that record everything while the plane is in operation, it can be more difficult to investigate these accidents. With the right sources and expert investigators, however, it is possible to determine cause and fault. At Arnold & Itkin, we know exactly what it takes to investigate private plane crashes and build compelling cases on behalf of the victims’ families. We do whatever it takes to hold at-fault parties accountable, no matter what.
Is It Easier to Get a License to Fly a Private Plane?
The Federal Aviation Administration (FAA) actually issues certificates, not licenses, for pilots. No matter what you call them, however, they do the same thing: they authorize a person to fly an aircraft for a specific purpose. There are different types of certifications, and it is easier to obtain a private pilot license than a commercial pilot license. To be a private pilot, you must be at least 17 years old; have a student, sport, or recreational pilot certificate; have a third-class medical certificate or higher; and have completed a minimum of 35-40 flight hours. To be a commercial pilot, you must be at least 18 years old; have a private pilot certificate; have a second-class medical certificate or higher; and have completed at least 190-250 hours of flight time. If you’re flying private, you should make yourself aware of your pilot’s qualifications and experience. Some private pilots have hundreds upon hundreds of flight hours and impeccable records, while others may be less experienced. You wouldn’t want your flight to fall into a new pilot’s “practice” time.
What Are Common Car Accident Injuries?
Motor vehicles weigh thousands of pounds—so when they collide with other objects, the consequences are serious. Common injuries from a car crash may include blunt force trauma, neck and back injuries, post-traumatic stress disorder (PTSD), scarring and disfigurement, spinal cord injuries, and burn injuries. These injuries are serious and require intensive medical care and a lengthy recovery. Complications from scarring, nerve damage, or traumatic amputation can cause struggles for the rest of an individual's life.
Why Do I Need a Dallas Car Accident Lawyer?
Some studies indicate that having an attorney for an accident claim often results in far larger results, even after accounting for the cost of hiring a lawyer. The reality is that the insurance company will take every chance to minimize your payout. A Dallas car accident attorney knows this and will be prepared for it. An experienced attorney will also know what questions to ask to strengthen your claim, resulting in larger settlements. There's another reason to hire an attorney: only an attorney is qualified to take insurance companies to court. Lawsuits are sometimes the only way to make an insurance company make a fair offer. The possibility of facing a jury is often what gets them to deal fairly, but it's often only possible with a lawyer on your side.
What Can a Dallas Car Accident Law Firm Do to Help?
Our Dallas car accident lawyers always focus on making sure a person doesn't have to suffer financially in addition to their other injuries. This means that we'll fight for compensation for losses such as medical debt, missed wages, cost of future care, and any other expense associated with your accident. If you've lost a loved one because of a car accident, we might be able to seek the compensation you need to find a path forward after your loss. While nothing can change what happened, we're ready to demand the justice you deserve.
What Should I Do After a Brain Injury?
If you or someone you love has suffered any type of brain injury or head trauma, getting medical help should be your first priority. After that, talk to a Houston personal injury lawyer about your legal options. If you were injured at work, you could be entitled to workers’ compensation for your medical care and lost earnings. If someone else was responsible, like a drunk driver, careless property owner, or manufacturer of a defective product, a Houston traumatic brain injury attorney can from Arnold & Itkin can help you pursue fair financial compensation for your losses and injuries. This can help you start to put the pieces back together and build a brighter future.
What Are the Effects of a Traumatic Brain Injury?
Depending on severity of the injury, the physical and mental effects can vary. In general, the effects are greatest immediately following the injury. In mild cases, symptoms of traumatic brain injuries range from sensitivity to noise and light, to depression, memory loss, and attention deficit problems. In moderate cases, motor and cognitive impairment that requires extensive therapy and rehabilitation. In severe cases, victim remains in a vegetative state, coma, or a minimally responsive state. Physical effects may include headaches, speech problems, blurred vision, loss of hearing, lack of energy, difficulty with balancing, dizziness, or sleeping problems. Mental effects may include difficulty concentrating, memory loss, lack of focus, impaired decision making, depression, and anxiety.
Are Traumatic Brain Injuries Treatable?
Beginning treatment as soon as possible gives patients the best chance for a full recovery. Treatment options will vary depending on severity of the injury. The mildest injuries can generally be treated at home with over-the-counter pain medication and rest. However, it is important to keep a close eye out for any symptoms that may worsen as time goes by. If symptoms seem to be worsening, you should visit a doctor. Severe traumatic brain injuries can be treated in a variety of ways. Often, these treatments options are used in conjunction with each other. Common treatment option for severe brain injuries include medications, surgery, and rehabilitation.
What Causes Serious Injuries?
No matter where you are or what activity you're engaged in, serious injuries can occur unexpectedly due to someone else's negligence or careless actions. Common causes include traffic accidents, workplace mishaps, product defects, unsafe medical devices, and accidents on another's property.
How Can a Dallas Catastrophic Injury Lawyer Help?
At Arnold & Itkin, we’re dedicated to helping individuals recover the resources they need to handle and adapt to the aftermath of accidents. Catastrophic injuries often need detailed medical treatments and may change your work life permanently. Our team focuses on obtaining full compensation to help ease your financial burden during recovery.
What Does It Cost to Hire Your Dallas Serious Injury Law Firm?
Our Dallas catastrophic injury lawyers at Arnold & Itkin operate on a contingency fee basis. This means we only receive a fee if we secure a positive result for you. We manage upfront costs so you can focus on healing without financial strain.
What Is An Amputation Injury?
An amputation is the partial or full removal of an exterior body part (finger, toe, arm, hand, or leg). Amputation may reduce an individual’s quality of life or prohibit them from adequately performing some of their previous job duties.
What Is the Impact of a Lost Limb?
The loss of a limb is an extremely traumatic experience, both physically and emotionally. A catastrophic injury like this can leave individuals in pain and anguish for years, and it can make it hard for them to make a living. Aside from that, the medical expenses can be insurmountable. Limb prosthetics can cost tens of thousands of dollars—not including physical therapy and the loss of income. Studies show that amputees face an average cost of about $30,000 in hospital and professional treatments in addition to prosthetic costs. When including prosthetic, a patient’s life expenses increase to $403,000 on average. These costs don’t include counseling, emotional pain, and suffering, or the costs of finding a new career.
How Much Does Hiring a Dallas Amputation Firm Cost?
Hiring an amputation lawyer costs nothing upfront. Since we work on contingency fees, we cover all costs of a case and only collect a payment if we secure results. Doing this makes our services available for everyone while also alleviating some of the financial pressure our clients are already facing.
What Should I Do After a Brain Injury?
If you or a loved one has been in an accident and think you may have sustained a brain injury, it’s crucial to get medical attention as soon as possible. In some instances, a brain injury won’t show symptoms until well after it has occurred. This makes seeing a doctor whenever you think your head has experienced any force that could cause an injury crucial. Additionally, getting medical attention immediately after an accident will help you create a clear connection between the incident and your injuries. This can help our Dallas brain injury attorneys show that your TBI occurred due to the other party’s negligence.
What Are the Signs of a Brain Injury?
The brain is complex and, because of this, injuries to it can manifest with different symptoms. A mild TBI might present with a short loss of consciousness while serious injuries can leave a person unconscious for a prolonged period. Headaches, speech problems, blurred vision, hearing loss, lack of energy, balance problems, dizziness, and insomnia are all potential signs of a brain injury. A person may also experience mental and psychological problems, such as difficulty concentrating, memory loss, lack of focus, impaired decision-making abilities, depression, and anxiety. If you notice these signs, seek medical care right away.
How Are TBIs Treated?
A traumatic brain injury is best treated immediately. Depending on the type and severity of an injury, treatment options will vary. Some mild injuries only require treatment at home with over-the-counter medications and rest. Severe injuries need to be treated with the careful attention of doctors and, in some instances, surgery. If a person suffers from cognitive or motor declines because of a TBI, they’ll need to undergo extensive rehabilitation to improve their condition. In the most serious cases, rehabilitation will only partially help a person, if at all.
Do I Need a Plant Injury Lawyer?
It’s far more likely that you’ll uncover what happened to you or your loved one if you enlist the help of a Lafayette refinery injury attorney. Plant and refinery accident lawyers have vast experience investigating industrial accidents, often in the chemical or oil-and-gas industry. We’re familiar with industrial procedures like turnarounds and their relationship to serious accidents. Just as importantly, we’re familiar with the ways companies attempt to cover up their mistakes via shell companies, temporary fixes, and a number of other tactics.
What Causes Plant & Refinery Accidents?
There could be any number of technical causes, but the root factor is corner-cutting. Longer shifts, fewer breaks, less down-time for maintenance, and smaller crews all make catastrophic injury or explosion more likely. A related factor is aging and defective equipment, which is a result of long-term neglect and cost-cutting as well. Every year that companies don’t invest in updating their equipment and infrastructure is another year that workers face a higher likelihood of disaster.
Who Is Liable for a Refinery Accident in Lafayette?
The plant or refinery owner is responsible in most cases. As the owner and employer, companies are responsible for maintenance, safety policy, and general risk mitigation. If there’s an accident, it will be traced back to an employer policy or decision 9 out of 10 times. In cases where the employer isn’t at fault, it’s usually a contractor or manufacturer. For instance, we recently won a case where a man was killed by a valve that was poorly repaired by a third party. In that situation, the employer was only found 10% at fault.
How Long Do I Have to File a Personal Injury Claim in Laredo, Texas?
Anyone who sustained injuries during an accident has a limited time to file a claim. However, nothing should top you from calling a lawyer to find out what your options are. A consultation with our Laredo personal injury law firm is free because we want to make it as simple as possible for people to discover what their options are. If your accident recently happened, waste no time with calling our team!
What Can a Laredo Personal Injury Lawyer from Arnold & Itkin Help With?
We're always focused on helping clients recover and find a path forward after an accident. Our lawyers operate with two simple beliefs: all people deserve justice and no one should suffer because of the negligence of others. We fight for the compensation that clients need and we never settle for less. Things we often recover for clients include lost wages, medical debt, the cost of future care, pain and suffering, and more.
What If the Insurance Company Denied My Claim?
You should call an attorney if the insurance company delays or denies your claim. Often, insurers try to settle a case for as little as possible. In some cases, they deny cases with the hopes of making claimants give up. Our team has a history of standing up to insurance companies and we always demand the compensation that is fair rather than the compensation they're trying to get away with paying.
How Much Does It Cost to Hire a Houston Building Collapse Lawyer?
At Arnold & Itkin, we only collect a fee if we win results in a case. This is known as a contingency fee and it allows our services to be available to all clients. Our firm believes that a person should receive the legal help they need rather than the legal help they deserve. Contact us now to find out if we can take your case.
What Can I Recover with a Building Collapse Lawsuit?
A building collapse lawsuit helps workers recover lost wages, the cost of medical bills, future care needs, and any other damages caused by an accident. If your loved one has died in a building collapse, we’ll work to recover things such as their lost wages, funeral expenses, and any other losses you need to help deal with the financial difficulties produced by the passing of a loved one. Every person’s situation is different and discovering what is possible with your case is easy when you dial (888) 493-1629.
Who Is at Fault for a Building Collapse?
Building collapses at construction sites are often caused by poor site management. Architects firms, construction companies, the building owner, and other parties are responsible for protecting workers from injury and death.
What Is the Largest Burn Unit in Dallas?
The Parkland Burn Center not only leads the care and treatment of burns in Dallas, but it ranks among the largest civilian burn units in the country. It’s also the first burn center in North Texas to receive verification from the American Burn Association. It treats more than 2,000 burn victims annually—a significant portion of the estimated total burn injuries that happen every year.
Who Is Responsible for Burn Injuries?
This depends on the situation. For example, employers who fail to provide a safe work environment can be responsible for burn injuries caused by workplace accidents they didn’t prevent. In other instances, a person who drives negligently and causes a car accident can be liable for the burn injuries others suffer because of it.
What Can a Burn Injury Law Firm Do to Help?
Our burn lawyers are focused on helping accident survivors secure the finances they need to move forward after their accident. Common losses a burn injury lawsuit can help recover include medical debt, lost wages, and the cost of future care. Often, those with severe injuries also deserve compensation for the loss of the ability to work, future care, and emotional suffering.
How Much Does it Cost to Hire Your Dallas Burn Injury Law Firm?
Hiring a Dallas burn injury lawyer from Arnold & Itkin costs nothing. Our firm works on contingency fees. This means that we cover all upfront costs associated with a case and only collect a payment if we obtain results for a client. This makes our services attainable and risk free, and it helps clients have the peace of mind that we’re fighting for the best results possible.
How Much Do Personal Injury Lawyers Charge?
We work on something called a contingency fee. In short, this means that we cover all costs associated with a case and only collect a payment for our work if we get results for clients. Doing this makes getting help from us accessible for everyone while also showing our clients that we’re invested in getting results for them.
What Should I Do After I’ve Been Injured?
First, get the medical attention that you need—even if you’re uncertain if you’ve been injured. Some injuries are not immediately obvious and created an early medical record after your accident can help you case. Remember, you have the right to seek a second opinion if your company sends you to their doctor first.
Second, gather evidence including photos, witnesses, and anything else about your accident. If your injury is work-related, be certain to report it to your supervisor. Never apologize, admit fault for an accident, or provide more details than necessary.
Third, contact an attorney. Speaking with a personal injury lawyer will help you determine what you should do for recovery. If the company has offered a settlement, don’t assume it’s trying to do the right thing. Instead, take it to a law firm to determine if the offer is fair or if the company is trying to escape liability for as little as possible.
Can I File a Wrongful Death Claim?
Filing a wrongful death claim is possible for the family of those killed during an accident caused by negligence. Usually, family members who can file a wrongful death claim include spouses, parents, children, and siblings of the deceased. Since a person’s ability to file a claim for the death of their loved one can vary with circumstance, calling a League City wrongful death law firm is the best way to determine what to do next.
When Should I Call a Lawyer After an Accident?
You should call a lawyer as soon as you’ve had medical attention and know that you’re safe. Getting in contact with a law firm quickly will give that firm as much time as possible to investigate your accident and build a strong case. It’ll also help make sure that your interests are protected as soon as possible.
How Much Is My Burn Injury Claim Worth?
The value of a burn injury claim depends on the severity, cost of medical care, impact on your work, and overall effect on your quality of life.
It also factors in lost wages during recovery, reduced earning capacity if the injury causes permanent disability, and the overall impact on your quality of life. In Texas, compensation may include current and future medical expenses, lost income, diminished future earnings, and non-economic damages such as pain, emotional distress, and loss of enjoyment of life. More severe or life-changing burns generally result in higher recoveries, and in cases of gross negligence, punitive damages may also be awarded.
Who Is Liable for Burn Injuries?
Liability for a burn injury can be attributed to employers, manufacturers, property owners, utility companies, or individuals, depending on how the injury occurred.
Employers may be responsible if safety procedures or protective equipment were lacking. Manufacturers can be held accountable for defective products, while property owners may be liable for injuries resulting from unsafe premises that lead to fires or chemical exposure. Service providers, such as utility companies, can face claims if their negligence causes an accident, and individuals may be held directly responsible when their carelessness harms others. In many cases, more than one party shares fault, and a detailed investigation is required to determine responsibility. Working with an experienced attorney helps ensure all liable parties are identified and held accountable.
Can a Lawsuit Help Burn Injury Victims Recover?
Yes. A lawsuit can help burn injury victims recover compensation for medical bills, lost income, pain and suffering, and other damages while holding negligent parties accountable.
A lawsuit can play a critical role in helping burn injury victims recover by securing financial compensation for the many costs that follow a serious injury. This includes immediate and future medical expenses, lost wages during recovery, loss of earning capacity for permanent disabilities, and damages for pain, suffering, disfigurement, and emotional distress. Legal action also holds negligent parties accountable and may help prevent similar incidents from happening to others. While money cannot undo the injury, compensation provides vital support for ongoing care, rehabilitation, and the adjustments victims must make to their lives after a severe burn.
What Causes Burns?
Fires, explosions, hot surfaces, chemicals, or electrical accidents are common causes of burn injuries. They are among the leading causes of injury and death in the United States.
According to the American Burn Association, most burn injuries result from fire or open flames, scalds, contact with hot objects, electrical exposure, or chemical accidents. Burns may also occur in car accidents, explosions, or work accidents. In 2016 alone, fires caused more than 3,000 civilian deaths nationwide. Thanks to advances in modern medicine, nearly 97% of people treated in U.S. burn centers survive, though many require extensive care and rehabilitation.
When Do Burns Require Treatment at a Burn Center?
Minor, first-degree burns usually heal without professional medical care, but serious burns often require treatment at a specialized burn center.
Second- and third-degree burns may demand hospitalization and specialized procedures. Treatment is especially important if the injury covers more than 10% of the body, affects sensitive areas such as the face, hands, or joints, or results from exposure to chemicals or electricity. Children, older adults, and individuals with existing medical conditions are also at higher risk of complications. Hospital stays for burn patients often average one day per percent of the body burned, though the exact length of care depends on the severity and location of the burns.
Do All Burns Leave Scars?
Not all burns leave scars, but scarring and disfigurement are common with deeper injuries. Outcomes depend on the severity of the burn and the treatment received.
Techniques such as skin grafting can help repair damaged areas and reduce the long-term effects of serious burns. Surgical procedures may also restore function when burns cause nerve or muscle damage. Because every case is unique, patients should consult with their doctors about available treatment options and may benefit from seeing a burn or reconstructive specialist to address concerns about scarring and recovery.
Why Are Construction Site Fires So Dangerous?
Fires at construction sites can be more dangerous than fires in completed buildings for various reasons. Sprinkler systems may not be fully installed, parts of the structure may already be weak and prone to collapse, and combustible materials may be present. Another risk is a wind tunnel effect that can intensify the flames, caused by incomplete or missing walls in the structure. When firefighters respond to a construction site fire, it will be more difficult for them to enter the building and contain the fire. If any construction workers are inside, a quick rescue may be nearly impossible.
What Should I Do if I Was Injured in a Fire?
If you suffered burns or other injuries in a construction site fire, you should seek medical attention as quickly as possible. After that, your next steps will depend on whether you were injured as a construction worker, passerby, or visitor. If you were working, inform your supervisor in writing. Your injuries may be covered by workers’ compensation. If you were passing by or were visiting the site, you may have grounds for a lawsuit against the site operator or another party who was responsible for the fire. No matter what, you deserve the support you need for full medical treatment, lost earnings, and every physical and emotional injury you’ve endured.
What Types of Damages Are Available?
Depending on the case, a person who was injured in a construction site fire may be able to recover money for medical care, ongoing treatment, lost wages, loss of future earnings, emotional trauma, and possibly punitive damages. The family of a person who lost his or her life in a fire may be entitled to compensation for funeral and burial costs, their loved one’s lost earnings, and loss of companionship, consortium, and support. Such recoveries cannot erase the damage caused by a construction site fire, but they can help victims and their families begin to rebuild and move on.
What Can a Spinal Cord Injury Lawyer Do to Help?
As Dallas spinal cord injury lawyers, we at Arnold & Itkin are always focused on helping a person stabilize their finances after an accident. This means fighting for the compensation of immediate losses such as medical bills, lost wages, and any other needs a spinal cord injury has caused for our clients. Then, we fight for any damages that aren’t immediate including compensation for the lost ability to work, the cost of future care, and any other costs associated with a spinal cord injury. Ultimately, our goal is to make sure our clients have the financial means to receive the best care possible and move forward after their accident.
How Much Does Hiring a Spinal Cord Injury Attorney Cost?
We know that our clients are going through enough when they come to us for help. That’s why we work on something known as a contingency fee. This means that we forward the costs of a case and only collect a payment if we win results. This helps our clients focus on what matters: their recovery.
What Experience Does Arnold & Itkin Have with Spinal Cord Injury Cases?
Our firm has helped countless clients and their families obtain justice after the unthinkable, including those who are facing an uncertain future because of a spinal cord injury. We have an impressive track record of success in handling spinal cord injury and paralysis cases, such as a $117 million verdict for a pregnant woman who suffered spinal cord and brain injuries in an ambulance accident. We also secured $7.4 million for a contractor sustained serious spine injures during a plant accident, $5.3 million for a worker with spinal cord injuries caused by an explosion, and $3.2 million for a worker injured severely during a plant turnaround.
What Are the Most Common Causes of Crane Accidents?
Crane accidents can occur because of operator error, a failure to inspect a crane and all its parts and systems before use, wind or other heavy weather, manufacturing defects or design defects, or lack of proper safety measures. Determining the cause of a crane accident is one of the most important parts of recovering fair compensation for medical expenses and all other losses a victim and his or her family may experience as a result of the incident. That’s why you need to be sure you involve a firm with the experience, know-how, and resources to find out what caused your accident and who’s responsible.
I Was Injured While Working Under a Crane Load. Is This Still a Crane Accident?
Any incident involving a crane may be considered a crane accident. This includes an incident that involves someone who was working under a load. In fact, OSHA has specific rules in place regarding working under crane loads. Routes must be preplanned so workers can avoid working underneath loads unless absolutely necessary. If working under a load is unavoidable, the materials being hoisted must be properly rigged and secured by a qualified rigger. Violations of these standards will needlessly jeopardize innocent workers’ lives.
Are Texas Crane Accidents Covered by Workers’ Comp?
Most on-the-job injuries are covered by workers’ compensation, but this will only cover medical bills and part of one’s lost earnings. If someone other than your employer or a co-worker was behind your accident, you could have grounds for a personal injury lawsuit that would entitle you to additional damages, like money for all of your lost earnings, future wages, pain and suffering, and more. This can make all the difference as you try to put the pieces of your life back together.
What Should I Do If I Was Injured by an Explosion?
If you’ve sustained injuries because of an explosion, you should receive treatment for them even if you don’t think they’re serious. Getting medical attention creates an early record of your injuries after the blast and helps to make sure you’re healthy. Some explosion injuries—such as brain injuries—are not always obvious. If you were at work, report your injuries as soon as possible to your employer.
However, don’t sign any documents or accept any settlements. While it might seem like they’re doing the right thing, they might not be acting in your best interests. After doing the thing above, you should call Arnold & Itkin and speak with one of our Dallas explosion injury lawyers. A consultation with our team is free and will help you decide what steps you should take next.
Do I Need the Best Houston Car Accident Lawyer?
If you were involved in a minor fender bender and suffered no injuries, you may not need an attorney to help with your car accident claim. However, if you suffered serious trauma, you should consider talking to a legal professional as quickly as possible. The insurance companies—yours and the other driver's—are not guaranteed to treat your fairly. They may try to deny your claim or offer a settlement that barely covers your medical bills. An attorney can help you seek fair compensation for every loss and injury you've experienced.
What Is the First Step in Pursuing Compensation After a Houston Car Crash?
First, as an accident victim, you should have your attorney investigate the case to determine who can be held responsible for the accident. You should ask questions like: Could the accident have been prevented? Was the other driver operating their vehicle while under the influence of drugs or alcohol? Was the other driver talking or texting on their cell phone? Was the other driver driving faster than the speed limit or too fast for weather conditions? If the car accident could have been prevented, you may be able to successfully file a claim to recover the financial compensation you deserve. Our Houston injury firm can help you understand your rights and options.
An Explosion Killed a Loved One. Can I File a Claim?
Family members of a person killed by an explosion can often file a wrongful death lawsuit. Filing this type of claim will serve two purposes. First, it’ll a wrongful death lawsuit will demand answers from the parties who could’ve prevented your loved one’s death and your suffering.
Second, it can help you recover financially by seeking damages for things such as lost wages, medical care, funeral costs, loss of companionship, and much more. While a lawsuit won’t completely fix what happened, it can help you and your family find a path forward during this difficult time. It might also help prevent the same thing from happening to other families.
What Kind of Houston Car Injury Law Firm Do I Need?
Filing a claim after a motor vehicle accident will be complicated. Your lawyer will have to understand every aspect of the crash and have skills in negotiation and litigation that can be used in your favor. Additionally, they should be able to prepare your case as if it will go to trial, even if it can settle outside of court. Your results will be better if your lawyer can prepare the case for any scenario. Having the ability to litigate in a courtroom is a rare talent. Many auto accident attorneys claim to have courtroom skills without the experience or the track record to back their claims. However, if you've been hurt in an accident, it's not optional: You need to have an attorney on your side who can fight for you in court. This skill is key to a successful settlement. Find a lawyer with substantial case wins and who has a thorough understanding of the laws that impact your case.
How Much Does Hiring a Dallas Explosion Law Firm Cost?
At Arnold & Itkin, we want our services to be as affordable as possible. That’s why we cover the costs of every case we take and only collect a payment if we get results during it. Working this way relieves pressure on our clients while enabling them to get help from a proven explosion injury law firm.
I Don't Have Any Money. How Can I Afford to Hire a Personal Injury Lawyer?
There are no upfront costs when you work with our leading Lubbock injury lawyers at Arnold & Itkin. We take on cases like this on contingency, which means we only get paid if you do. We only collect legal fees if we negotiate a settlement or win a jury award on your behalf, and we also front all costs associated with investigating and litigating your case. You don't have to worry about anything while we fight for your fair recovery.
What Is Negligence and How Does It Relate to Personal Injury Lawsuits?
Negligence can be described as failing to act with proper caution or care. A driver who does not check his mirror before making a right turn and strikes a motorcyclist may be considered negligent. A grocery store manager who leaves a jar of spilled pickles in an aisle, causing a customer to slip and fall, may be considered negligent. A person who experiences harm because of another's carelessness or wrongdoing can file a personal injury lawsuit in civil court to seek damages for medical expenses, lost earnings, emotional pain and suffering, and possibly more.
What Can I Do If I Was Injured in an Accident in Lubbock, TX?
If you were injured in any type of accident, the first step is to protect your health. Seek medical attention. Once you've seen the doctor, you should think about talking to an attorney. Serious injuries have lasting repercussions, and you need all the help you can get if you are going to get the money you'll require for medical treatment and to pay your bills while you're unable to work.
Who Qualifies As A Jones Act Seaman?
The Jones Act covers workers on American vessels who are injured by a preventable accident. It enables them to hold employers and vessels owners accountable for failing to prevent accidents that shouldn't happen. If you've suffered from an offshore accident and need to recover, it's important to speak with a Dallas Jones Act lawyer before accepting any settlements from your company.
Who Can Use the LHWCA?
The LHWCA is similar to the Jones Act, except it covers longshoremen, harbor workers, and other workers such as shipbuilders. This law greatly expands the recovery possibilities for injured workers in the maritime industry. Importantly, speaking with a Dallas LHWCA lawyer can help you understand the possibilities for recovery.
Do Maritime Injuries Qualify for Workers' Compensation?
Because they work in navigable waters, maritime workers are usually not covered by state workers’ compensation systems, which provide benefits for on-the-job injuries and illnesses for workers in virtually every other occupation. Seamen, longshoremen, deckhands, commercial fishermen, and others in the maritime industry are protected by maritime laws instead. For example, oil rigs are inherently dangerous place to work. However, employers know how to mitigate and prevent common accidents that workers face on them. When an oil rig explosion changes lives, it's likely because a company or vessel owner failed to make sure it didn't happen. United States maritime law allows workers and their families to hold negligent parties accountable after accidents.
What Damages Can a Dallas Maritime Lawyer Help to Recover?
The best Dallas maritime attorney should be focused on the past, present, and future losses caused by your accident. In the past, offshore workers had their recovery limited by traditional maritime law. While employers were required to pay for a worker's room, board, and care until they recovered from an injury, they faced no consequences after that worker was considered to be as well as possible. To increase accountability in the industry, laws such as the Jones Act were created to help workers recover compensation for their losses.
A maritime lawyer should fight to recover losses such as medical bills, funeral costs, lost wages, the cost of future care, the lost ability to earn a wage, pain, emotional suffering, and any loss caused by your offshore accident.
What Are Catastrophic Maritime Injuries?
Generally speaking, catastrophic injuries are those that change the rest of a person's life. They can mean the need for lifelong care, a lost ability to work, or can cause a person to experience permanent pain. Since maritime injuries are often serious, they are usually considered catastrophic. Burns, spinal cord injuries (paralysis), brain injuries (TBI), and amputations are all examples of catastrophic maritime injuries. Since catastrophic injuries have lasting implications for those who suffer from them, the help of a lawyer can make a significant difference for them. Our catastrophic maritime injury lawyers demand the compensation that clients need for financially security. No one should suffer for the rest of their life because of a preventable accident—and we fight to hold negligent parties accountable for them.
Should I Accept a Settlement from the Insurance Company?
Not before speaking with an attorney. Insurance companies often deny or delay claims with the hope of settling them for as little as possible. Speaking with a Dallas motorcycle accident lawyer from Arnold & Itkin can help you decide if the company is being fair. If they aren't, we're ready start fighting for the results you deserve.
Why Are Motorcycle Crashes so Serious?
Motorcyclists don't have the luxury of a protective cage as others on the road have. When they're involved in an accident—even a minor one—their injuries can be catastrophic and life-changing. Because of the severity of motorcycle accident injuries, survivors or the families of victims often need help from a law firm to recover compensation for medical bills, lost earnings, and the other expenses and losses they've suffered.
What Can I Recover After a Dallas Motorcycle Crash?
While motorcycles might carry more risks for riders, this fact doesn't excuse careless accidents. Motorcyclists have every right to safety that other drivers on the road enjoy. When someone's careless actions harm a motorcyclist, they should be held liable for injuries they've could've damaged. Our Dallas motorcycle accident lawyers fight to help recover money for medical debt, lost wages, the cost of future care, pain and suffering, and more.
What Should I Do if I’ve Been Injured at a Construction Site?
You need to seek medical care, inform your employer, and talk to a Houston construction accident attorney. These are the three key steps to take if you've been injured while working on a construction site in the Houston, Texas area. Protect your health first and foremost, and then protect your legal right to compensation. Because construction accidents can cause catastrophic, life-changing injuries, you'll need all the help you can get to cover medical bills, lost income, ongoing treatment, and more. Call to ensure the proper steps are being taken.
Does Workers’ Compensation Cover All Construction Accidents?
Whether workers' compensation covers a construction accident will depend on two things. First, were you working or at the job site at the time of the accident? Second, does your employer carry workers' compensation insurance? Texas is unique in that employers are not required to carry workers' comp insurance, unlike other states where coverage is mandatory. If you answered yes to both questions, you may be entitled to workers' compensation benefits. However, with construction accident claims, there are other factors to consider. You could be entitled to additional compensation by way of a personal injury lawsuit if a third party was involved.
When Are Third Parties Responsible for Construction Accidents?
A third party (someone other than your employer or another worker) might be responsible for the construction accident if their negligence or wrongdoing caused the incident. Third-party lawsuits make it possible for injured workers to seek more than the medical care and partial wage compensation offered by workers' comp. That's why it's one of the things our attorneys consider when taking on a new construction accident case.
How Can You Determine What Caused My Truck Accident?
When we investigate a truck accident, we work with investigators, accident reconstruction specialists, and experts in numerous applicable fields to identify contributing factors. We look at driving logs and compare these to maintenance and loading logs, truck driver receipts, witness accounts, physical evidence, and all documentation of the time leading up to the collision. This paints a clear picture of the truck’s condition, cargo, driver, roads, and more. Then we can determine what caused the collision and who is responsible.
Do Truck Drivers Cause Most Truck Accidents?
Most traffic accidents are caused by driving behavior like drunk driving, recklessness, or speeding, but this does not necessarily mean that truck drivers cause all truck accidents. Many truck operators are experienced, careful, and excellent drivers. However, their abilities can be compromised if their employers pressure them to drive long hours in violation of hours-of-service regulations. They can also have trouble maneuvering their vehicles if they are improperly loaded, or they may lose control if a truck is not maintained correctly. Getting to the bottom of a truck accident will shed light on what caused it to occur, regardless of the exact cause.
How Can I Prevent a Truck Accident?
There are so many causes of truck accidents that it is nearly impossible to prevent them entirely. However, this is not to say that actions cannot help improve safety. For example, while adverse weather conditions cannot be controlled, drivers can be advised not to drive in dangerous conditions. While drunk drivers cannot be avoided, truckers can be held to standards that prevent them from drinking on the job. While there is always a possibility for product malfunction, laws can ensure adequate testing and maintenance curb the problem.
Why Do Oilfield Accidents Happen?
Many of the incidents handled by our Dallas oilfield accident lawyers are caused by the negligence of one or more parties—most often employers and contracted companies. A lack of safety training, equipment, poor maintenance, and other cost-cutting tactics cause serious accidents that harm workers and their families. When this happens, the parties that could’ve prevented an accident but didn’t should be held accountable.
Should I Get an Attorney After an Oilfield Accident?
Yes, getting help from an attorney will put someone in your corner who will make sure any settlement offers are in your best interest. While it might seem like the other side is trying to do the right thing, initial settlements are often low and don’t account for the complete cost of an oilfield accident. Our lawyers will investigate your claim, work to hold negligent parties accountable, and fight for the financial recovery you and your family deserve.
How Can I Prove That Someone Else Was to Blame for My Injuries?
Your personal injury lawsuit will depend on your ability to prove that someone else is responsible for your injuries. The burden of proof lies on the shoulders of you, the plaintiff, and this is when it pays to choose an experienced trial lawyer who has the resources to properly investigate your case. Generally speaking, a personal injury lawsuit will require the plaintiff to prove: the defendant (at-fault party) owed a certain duty to act with reasonable caution or care; the defendant breached that duty; and the plaintiff suffered harm as a result. This may seem like a lot to prove, but in personal injury lawsuits, you do not have to prove fault beyond a shadow of a doubt. You need only prove it is true based on a preponderance (majority) of evidence.
How Long Does It Take to Get a Personal Injury Settlement?
Some personal injury lawsuits resolve within weeks or months, and others take years. The length of time it takes for you to get a settlement will depend on many different factors, primarily whether the at-fault party is willing to treat you fairly. At Arnold & Itkin, our McAllen personal injury attorneys always push for the best possible outcome and the highest settlement or award. We do this because we know just how important it is for survivors and their families to get the support they need to rebuild. We also know that we're changing the landscape of personal injury law, safety regulations, and accountability by fighting for the best result. No matter the length of your case, you can count on our support and guidance every step of the way.
How Much Do I Have to Pay to Hire Your McAllen Personal Injury Law Firm?
There is no charge for a consultation, no upfront costs, and no fees at all unless we win your case. Our firm handles personal injury lawsuits on contingency, which means we only get paid if we secure a settlement or verdict for you. There is no risk and no obligation when you call for your free case review.
What Injuries Can Be Caused by Cement Truck Accidents?
A person who is involved in a cement truck accident–whether the driver of the truck or an occupant of another vehicle–may experience life-altering injuries. These may include whiplash, spinal cord injuries, severe burns, internal organ damage, head trauma, lacerations, broken bones, and more. The extent of these injuries will depend on whether the victim was driving the cement truck (truck operators are less likely to experience catastrophic trauma), was driving another vehicle, or was a cyclist or pedestrian. The location and force of impact will also influence what injuries are suffered.
How Much Does a Cement Truck Weigh?
An empty cement truck may weigh about 26,000 pounds. These trucks can carry about 40,000 pounds of concrete, however, bringing their total weight to about 66,000 pounds. These vehicles are also very large, with a distance between the front and rear axles of about 20 feet. When you think about the sheer size and weight of a concrete mixer, it’s easy to see why a collision with such a truck can cause significant property damage and devastating injuries.
What Should I Do Immediately After a Houston Cement Truck Collision?
If you were involved in a crash with a cement truck in the Houston area, be sure to exchange information with the other driver or drivers and seek medical attention. It’s against the law to leave the scene of an accident (even one you did not cause) without exchanging information with the other driver. You will need to see a doctor as soon as possible, even if you feel you are not seriously injured. Tell your doctor you were involved in a truck accident and he or she will know what type of injuries to look for–some of which may not be immediately apparent, like whiplash. Once you’ve seen a doctor, talk to an attorney. You may be contacted by the cement truck company’s insurance carrier or asked to give a statement to your own insurance company. Be careful. If you accept a settlement without an attorney’s help, you could end up receiving far less compensation than you actually need.
How Much Does Hiring a Dallas Oilfield Injury Law Firm Cost?
Getting help from our firm costs nothing up front. We cover all costs associated with a case and only collect a payment if we get results for a client. We do this because people come to us after during one of the most difficult moments of their lives, and finances are the last thing we want them to be worried about. Additionally, working this way means that anyone can afford our help.
How Does Your Firm Investigate a Dump Truck Accident?
A dump truck accident investigation typically involves an analysis of all the physical evidence at hand, such as tire marks, damage to each vehicle, road conditions, and more. We will also interview witnesses and review police reports and other applicable records and logs. Our investigators, accident reconstruction specialists, and expert witnesses use this information to paint a clear picture of an accident’s cause–and therefore what party (or parties) should be held legally responsible. When you work with Arnold & Itkin, you can trust that nothing will be overlooked in our investigation of your Houston dump truck accident claim.
What Is My Case Worth?
No two dump truck accident cases are the same. The value of your case will vary depending on how severe your injuries are and what impact they have had–and will have–on every aspect of your life. Involving medical experts and economists, our team works to determine the full and fair value of each client’s case. This is our opportunity to set things right for people whose lives have been turned upside down because of negligence and wrongdoing by others. We stop at nothing to maximize each client’s recovery. To find out what your case is worth, give us a call at (888) 493-1629 for a free consultation.
Who Can I Hold Liable After a Dump Truck Accident?
If you were injured in a dump truck accident in the Houston area, you’re probably wondering who is responsible for paying your medical bills, covering your lost earnings, and helping you rebuild. The answer will depend on what caused the accident. Some accidents are caused by more than one contributing factor, such as heavy weather and a truck driver who was texting. We’ll focus on the primary cause of an accident to determine who is legally responsible. Liability for a dump truck accident may fall with the driver of the dump truck; the individual/company responsible for loading the truck; the construction company that employs the dump truck operator; the manufacturer of the dump truck and its parts/systems; the company responsible for maintaining the dump truck and its parts; and even another driver who acted negligently or violated a traffic law. When dump truck drivers are paid by the load, this can increase the chances of speeding, overloading the truck, driving while fatigued, and other forms of recklessness that put everyone on the road at risk. Negligent drivers and the companies they work for should be held accountable.
What Causes Plant & Refinery Accidents?
Every plant and refinery accident is caused by a unique set of circumstances. However, our Dallas plant and refinery injury lawyers have found that most share one common characteristic: negligence. Negligence that causes an accident can include lack of maintenance, safety equipment, training, or hiring unsafe contractors.
Should I Accept My Company’s Settlement Offer After an Accident?
No, you shouldn’t accept any offers before speaking with an attorney. While it might seem like your company is trying to do the right thing, initial settlement offers are often low and don’t account for the full extent of the damages caused by an accident. Once a worker accepts a settlement, it’s likely that they won’t be able to pursue further compensation once discovering it isn’t enough. Speaking with our Dallas plant and refinery law firm is free, confidential, and will help you determine what you should do next.
What Can a Dallas Plant & Refinery Accident Law Firm Help With?
Our team is focused on making sure clients get the compensation they need to move forward after an accident. This means investigating what happened, determining who could’ve prevented the accident, and demanding payments for hardships such as lost wages, medical bills, future care, and more. Ultimately, we’re focused on making sure the financial needs of our clients are met so they don’t have to suffer more than they already have.
How Much Does a Garbage Truck Weigh?
Depending on the type of truck and the weight of its load, a garbage truck may weigh tens of thousands of pounds. Your standard side loader trash truck can carry 30,000 pounds of waste, and a commercial roll off truck can carry about 20,000 pounds. A collision with a vehicle and load of this magnitude can easily spell disaster–most often for the occupants of other vehicles, not the driver of the garbage truck.
What Do I Do if I Was Injured in a Garbage Truck Accident?
If you were driving, walking, or cycling and were hit by a garbage truck, you should first seek medical attention. If you’re not taken to the emergency room right away, exchange information with the other driver and take pictures of the scene if you can. Then see your doctor or visit your local urgent care center or emergency room to get a medical evaluation and whatever treatment you need. Once you’ve seen a doctor, take this opportunity to talk to an attorney. You may be facing thousands or even hundreds of thousands of dollars in medical bills. You may be dealing with significant emotional trauma. An attorney can handle your claim and all communication with the insurance company so you don’t have to. The right attorney can pursue the compensation you need to rebuild and move on with your life.
What Causes Garbage Truck Accidents?
Most garbage truck collisions can be traced to the negligent or illegal conduct of a driver. This may be the driver of the truck or another motorist and may include drunk driving, driving while distracted, speeding, or violating a traffic law. Other garbage truck accidents may be caused by fatigued or overworked truck drivers, negligently maintained trucks, defective truck or auto parts, or dangerous roads. Finding out what caused your collision can help our attorneys build a strong case that helps you recover the compensation you deserve.
What Rights Do I Have as an Injured Truck Driver?
As a commercial truck driver, you face an immense amount of pressure to meet deadlines. You may be experienced and may do everything in your power to safely operate your vehicle, but you may still find yourself injured in a serious trucking accident. You need to know that you have rights too. You have the right to seek financial compensation from the party that caused your collision. If you’re covered by workers’ compensation, you have the right to seek the medical care and financial support this provides, regardless of who caused the accident (and even if you were at fault). At Arnold & Itkin, we represent injured truck operators in cases involving trucking collisions across the country–protecting their rights to the fullest extent of all applicable state and federal laws.
What Injuries Do Truck Drivers Experience in Crashes?
Truck drivers can be seriously injured in accidents while driving, and they may also suffer harm during loading, unloading, inspections, maintenance, or other parts of their jobs. The following are examples of truck driver injuries: severe burns; head trauma; traumatic brain injuries; broken bones; crush injuries; internal organ damage; spinal cord injuries; back injuries; neck injuries; and amputation/loss of limb. When these injuries significantly impact a truck driver’s life, he or she deserves to seek medical treatment and financial support. This can be done through workers’ compensation or a personal injury lawsuit against a negligent third party. To find out which applies to your case, contact our team at Arnold & Itkin for a free consultation.
How Can a Lawyer Help an Injured Truck Driver?
If you were injured while driving a commercial truck, there is no one looking out for your interests–except for you. If you’re employed by the trucking company, you may be covered by workers’ compensation, but this does not mean that you’ll see a fast and fair payment and that you’ll get the quality medical treatment you need. If you’re an independent contractor, you’re at risk of being sued for allegedly causing the collision. An experienced truck driver injury lawyer will know exactly what to do to protect your interests, while pursuing the financial compensation you need to recover and move on.
Who Might be Liable for Train Accidents?
Trains require multiple companies and agencies to run. This means that multiple parties are often responsible for train accidents. Possible at-fault parties include track owners, train manufacturers, parts manufacturers, railroad companies, railroad operators, transit agencies, and city/state operators or administrators.
What Is FELA?
The Federal Employers Liability Act, also known as FELA, allows railroad workers to seek compensation from their employer if they were injured because of a railroad’s negligence or failure to follow safety standards.
Are Railroads Liable for Unsafe Crossings?
While state and federal entities fund railroad crossing protections, it’s usually the responsibility of railroad operators to maintain them. If your accident occurred because of inadequately maintained crossings, including poor visibility and malfunctioning equipment, you might be able to hold the railroad company accountable for your injuries. Call our Dallas train accident lawyers today to find out if you have a case. A consultation is free when you dial (888) 493-1629">(888) 493-1629.
Do I Need a Houston Motorcycle Accident Attorney for Minor Injuries?
Though you may not be seriously injured immediately after an accident, it is still worth it to call a lawyer. Occasionally, injuries remain undetected for a while after an accident. First, seek the counsel of a trusted physician who can evaluate your physical state and advise you of any future complications. Next, seek the legal counsel of an experienced motorcycle accident lawyer who can evaluate your case and guide you through your legal options. If a more serious injury surfaces, you can trust that we will fight on your behalf and pursue just compensation.
How Important Is It to Immediately Pursue an Investigation?
The accident investigation is crucial to the overall outcome of the case. For this reason, you should give us a call as soon as possible. You can be sure that the insurance company will be at the scene of the accident trying to find evidence. Even the playing field by calling our skilled Houston motorcycle accident attorneys. We can gather evidence, witnesses, and information that will strengthen your case.
What If a Defective Part Caused My Accident?
Unfortunately, not every motorcycle placed on the market is 100% perfect. There are defective products that could have been dangerous in design, manufactured with low-quality materials, or even built by an improperly trained employee. The best way to know for sure if you have a claim is to get a lawyer involved. We can exhaustively investigate every factor in your accident to make sure that the liable party, be that the designer or the manufacturer, is held responsible for your injuries and damages sustained.
What If I Was Injured in an Accident Caused by a Dangerous Road?
Negligent operators do not cause every accident. In some cases, the very roads that you travel on could be considered reasonably dangerous. If this is the case, you are not without hope. Roads are legally required to be maintained to a certain degree of safety. For example, if a pothole caused the accident, we could file a claim on your behalf and hold the appropriate parties legally responsible for your injuries.
How Much Does It Cost to Hire a Midland Injury Lawyer?
Hiring a personal injury lawyer in Midland from the Arnold & Itkin team involves no upfront costs, as we work on a contingency fee basis. This arrangement means that all upfront and out-of-pocket costs related to the case are covered by the law firm, and clients do not pay legal fees until after compensation is successfully recovered. This fee structure is designed to alleviate financial pressure on the injured party and ensure that legal representation is accessible, regardless of the individual's financial situation.
How Much Is My Midland Injury Claim Worth?
Every case is different, and the value of yours will depend on the extent of your injuries and losses. Our goal, when we take on a new personal injury case, is to take the time to understand what our client has experienced and may experience in the future. We cannot go back and prevent an accident or loss from occurring in the first place, but we can work to bring answers and accountability that bring peace of mind. We can work to recover financial compensation that helps our clients build more stable futures. The value of your personal injury case may depend on: the cost of your medical care; the need for ongoing treatment, therapy, medication, or assistive devices; lost earnings and any impact your injury will have on your future earnings; and the extent of emotional trauma you’ve experienced. Looking at every aspect of your case will give us a clear picture of what we can recover for you.
What Are Damages in a Midland Personal Injury Case?
In personal injury law, "damages" refer to the money awarded to someone who was hurt because of someone else's carelessness or intentional actions. There are two main types: compensatory and punitive. Compensatory damages are meant to pay back for specific losses, like medical bills, property damage, and lost earnings, as well as more personal impacts like pain and suffering. Punitive damages are given to punish the responsible party for bad behavior and to prevent it from happening again. The details of the injury and the laws in the place where it happened affect how much money can be awarded.
Who Can Be Held Liable in a Personal Injury Lawsuit?
The liable party in a personal injury lawsuit may be any person or business entity that failed to provide proper care and caused you harm. There is a bit more to this, however. The defendant must have owed some duty to you, the plaintiff, to act or not act in a certain way. In some cases, this duty is clearly established, as in auto accidents where motorists have an obligation to follow traffic laws. In other scenarios, you may have to prove the defendant owed a duty to you. This may be the owner of a building where you were injured or the manufacturer of a product that caused you harm. Identifying the at-fault party (or parties) is one of the most important steps in any personal injury claim. With our resources and access to investigators and expert witnesses, we at Arnold & Itkin are highly skilled in identifying and assigning fault. This helps us build strong cases that maximize our clients’ recoveries.
How Do You Prove Liability in a Personal Injury Claim?
Proving liability in a personal injury claim requires establishing four key elements: duty of care, breach of duty, causation, and damages. You must demonstrate that the defendant owed you a duty of care, breached that duty through their actions or inactions, and directly caused your injuries as a result. Additionally, you need to show that you suffered actual damages, such as medical expenses or lost wages. Evidence such as witness statements, medical records, and surveillance footage is vital in connecting the defendant's actions to your injuries and proving your case. Successfully proving these elements is crucial for receiving compensation in a personal injury lawsuit.
Do I Have Legal Options If My Loved One Was Involved in a Fatal Crash?
There are steps that you can take if your loved one was killed in a motorcycle accident. At our firm, we could help you to pursue a wrongful death claim—this can help cover all related expenses, such as burial costs, funeral expenses, all related medical bills and even the loss of wages.
Should I Hire a Motorcycle Crash Lawyer to Help?
Yes! You absolutely need the assistance of a knowledgeable motorcycle accident attorney in Houston to help. This is too important of a process to leave it up to legal chance. You need to be proactive in your attempts to fight for just outcome. Give an attorney a call and get started on the fight for your just resolution.
How Long Do I Have to File a Personal Injury Case in Midland?
In Texas, the statute of limitations for personal injury cases is typically two years from the date of the incident that caused the injury. This means that if you've suffered a personal injury in Midland, Texas, you have two years from the date of the injury to file a lawsuit in court. It's important to note that if you don't file your case within this period, you may be barred from pursuing compensation. There are exceptions to this rule, such as the discovery rule, which may extend the time limit if the injury was not discovered right away. However, these exceptions are specific and not applicable to all cases, so it's crucial to consult with an injury attorney to understand how the statute of limitations applies to your particular situation.
What Types of Personal Injury Lawsuits Do You Handle?
Our firm is known for representing victims of the biggest disasters in U.S. history, such as the Deepwater Horizon explosion. We have taken on multi-billion dollar corporations in our fight to protect the interests of the people we represent. Our attorneys have recovered billions on behalf of clients who have lost loved ones or experienced catastrophic injuries resulting from offshore accidents, maritime injuries, plant and refinery explosions, pipeline explosions, truck accidents, defective products, dangerous drugs and medical devices, ambulance accidents, and virtually every type of catastrophe, accident, or injury. As leading injury lawyers, we’ve seen it all, and this has only strengthened our resolve to protect the interests of people who have suffered harm through no fault of their own.
Can I Afford a Houston Motorcycle Accident Lawyer?
At Arnold & Itkin, we operate on a contingency fee basis. This means that unless we obtain compensation on your behalf, you will not be charged legal fees. You have nothing to lose and everything to gain by calling our firm for a free case evaluation. We will fight for your future financial security. Recovering billions of dollars, our motorcycle accident attorneys know how to recover compensation.
Who Is at Fault for Truck Accidents?
Fault can be different depending on the circumstances of a truck accident. In some cases, drivers cause accidents. In other instances, unsafe trucking companies are to blame for serious accident. In many cases, multiple parties contributed to a preventable accident. One of the best ways to discover who might be at fault for your crash is by calling our big rig accident lawyers in Dallas. Read more about determining fault after a trucking accident.
How Much Does Hiring a Dallas Truck Accident Law Firm Cost?
Getting help from our Dallas 18-wheeler accident lawyers costs nothing up front. Our firm works on something called a contingency fee. Simply put, this means that we cover all costs associated with a case and only collect a fee if we win results for you. Working this way means our counsel is attainable for everyone. It also means that our clients can focus on their recovery rather than worrying about how they’ll pay their legal bills.
What Can a Dallas Trucking Accident Lawyer Help With?
An attorney can help you recover lost wages, medical bills, the cost of future care, and compensation for things such as mental and emotional suffering. Importantly, your truck accident lawyer should be focused on getting the compensation that you need and deserve, not the compensation that the other party offers.
What Steps Should I Follow After a Truck Accident?
After a truck accident in Dallas, the first and foremost priority is to ensure your safety and the safety of others involved. Call 911 and report the accident to the authorities, ensuring that all necessary medical assistance is provided. Next, document the accident scene thoroughly, taking photos and notes, and avoid making statements that may imply fault. After ensuring safety and documentation, contact your insurance company to report the accident, but refrain from giving recorded statements until you have sought legal advice. Consulting with a Dallas truck accident lawyer is critical to understanding your rights and ensuring that your claim is handled professionally.
Are Truck Accident Investigations More Complicated?
Truck accident investigations can be more complicated because of complex regulations, how many parties can be involved with one at once, and difficult insurance policies. This makes hiring the right law firm to handle your case crucial. While some law firms work for fast settlements, others will demand the compensation a client deserves, even if it takes a complex investigation and extensive trial work.
How Long Do I Have to File a Lawsuit After a Dallas Truck Accident?
Anyone involved in a Dallas truck accident has two years from the date of their incident to file a claim. However, you should call an attorney even if it has been more than two years since your accident. There are some cases where filing a case is still possible, even if the time limit has passed. Additionally, calling an attorney as soon as possible is crucial to ensuring a chance at a thorough independent investigation.
Why Do Work Injuries Happen?
Work injuries most often happen when companies fail to do things such as provide safety equipment, adequate training, or proper maintenance on machinery. Employers often neglect these things because they're gambling that the cost of not doing them will be cheaper than accidents. The well-being of workers is never something to gamble on, and companies should be held accountable when their gamble results in serious injuries.
What Should I Do After a Work Accident?
After getting hurt on the job, the first thing anyone should do is seek medical attention and notify their employer of their injury. While your company might send you to their doctor, remember that it's your right to get a second opinion from your preferred care provider. Second, don't sign any documents from your company or accept any settlement offers from them—you're not required to do so before speaking with an attorney.
Last, you should always contact an attorney after an industrial accident. At Arnold & Itkin, a consultation with our Dallas industrial injury law firm is free, confidential, and will help you decide what to do next. Importantly, you won't have to pay us anything unless we get results if we take your case. If your loved one was the victim of a deadly work accident, we're ready to help. Our Dallas wrongful death attorneys help families find answers for financial difficulties such as lost wages, medical bills, funeral expenses, and much more.
Do I Need a Dallas Work Injury Lawyer?
If you've been involved in a work accident, you should speak with an attorney as soon as possible. A Dallas work injury lawyer can help you recover losses associated with medical bills, future care needs, lost wages, pain, suffering, and more after an accident. While your company might offer a settlement, speaking with a lawyer will help you decide if it's fair. The best law firm for your needs is one that will look at the total costs of your case and demand the justice you deserve rather than the settlement you're initially offered.
What If My Employer Doesn't Have Workers' Compensation?
If you've been injured and your employer doesn't have workers' compensation, speaking with an attorney might be your best chance for recovery. Unlike other states, Texas doesn't require employers to carry workers' comp insurance. If an accident happens that a company could've prevented, they should be held accountable—whether or not they have workers' compensation. Even if your company does have workers' comp, you should still speak with an attorney. In some instances, insurance isn't enough to cover the costs of an injury. A Dallas work injury lawyer can help you decide if you should file a claim or pursue compensation through other means.
How Much Weight Can a Tanker Truck Carry?
A tank truck can carry anywhere from 5,500 to 11,600 gallons of liquid or gas. This is held in a cylindrical tank that lies horizontally on the trailer. The tanks themselves are usually designed with multiple compartments or other features that prevent the load from shifting during transport and destabilizing the vehicle. Tanker trucks may transport gasoline (petrol), diesel, industrial chemicals, ethanol, radioactive materials, and gases. In some instances, a tank truck can carry multiple substances at once by utilizing compartmentalized tanks. This way, a driver can make more deliveries to different types of customers at once to increase their productivity and cost-effectiveness along a route. Fully loaded, a tanker truck you encounter on a roadway may weigh about 26,000 lbs.
Who Is Responsible for My Tanker Truck Accident?
Generally, the parties that can be held liable for a tanker truck accident are the trucking company, the truck driver, the manufacturer of a defective truck or car part, the shipping company, or the loading company. Sometimes more than one party can be held accountable. By investigating your accident and determining its cause, we’ll identify which individual and/or company should be responsible for paying your medical bills–and so much more.
Do I Need to Hire a Houston Tanker Truck Accident Lawyer?
If you were injured in a crash with a tanker truck in the Houston area, it’s in your best interests to involve a local firm that has a proven track record in complex truck accident litigation. The insurance company isn’t going to put your needs first. The trucking company will conduct its own investigation and may try to blame you for the accident. Our attorneys can step in and protect your legal right to compensation for the injuries you’ve experienced. We will pursue the level of damages that will actually cover all of your medical bills, plus ongoing care. We will seek compensation for all of your lost earnings, including loss of potential income. We will even seek damages for emotional trauma, which can be extensive after a serious tanker truck crash.
Are Gas Trucks More Dangerous Than Other Vehicles?
Like semis, tanker trucks are more dangerous during accidents because of their large size and excessive weight. However, they also have the added risk of highly flammable materials and toxic substances. When these vehicles are in an accident, they’re dangerous in a unique way because of their purpose in the oilfields.
What Injuries Do Tanker Truck Accidents Cause?
Tanker truck accidents often cause serious injuries such as burns, broken bones, blunt force trauma, brain injuries, amputations, and much more. These injuries are usually caused by the impact of the truck or the materials a truck is hauling during an accident. Often, these accidents are life-altering and survivors and the families of victims deserve the help of an attorney to find a way to move forward after them.
How Much Does Hiring a Mission Personal Injury Lawyer Cost?
When a person sustains serious injuries, they’re often fearful that they won’t be able to afford the legal help that they deserve. However, hiring help from a firm like Arnold & Itkin is affordable to everyone because we work on contingency fees. This means that we cover the costs of a case—from the investigation to any other expense associated with it—and only collect a fee if we win results. Contingency fees make our services affordable to the people who need us, regardless of their financial situation. It also means that our clients can focus on their physical health while we fight for their financial security.
Do Mission Personal Injury Claims Have a Time Limit?
Yes. All personal injury claims in the state of Texas must be filed within two years of the date of an accident. Since all cases have a time limit, contact a lawyer as soon as possible means your case will have plenty of time for preparation. If you’re close to the limit for your claim, don’t waste any time calling us at (888) 493-1629.
Why Should You Hire a Firm with Trial Experience?
While it isn’t necessary to take every case to trial, it’s important to have help from a firm that’s prepared to do so. Many injury lawyers rarely see the interior of a courtroom because they settle before a case reaches one. While there’s nothing wrong with accepting a settlement if it’s fair, a firm should also be prepared to fight for fair results.
Why Do Gas Truck Accidents Happen?
Unfortunately, most gas truck accidents happen because of negligence. Companies often hire unqualified drivers, fail to train them, or work them to a point of exhaustion. All tanker accidents are different and speaking to an attorney will help you determine who could have prevented your accident.
Who Is Responsible for Houston Plant & Refinery Accidents?
Ultimately, it’s up to the companies that run these refineries to make sure no accidents happen. Proper training, maintenance, and safety procedures mean that accidents are always preventable. Yet, too often, companies decide that neglecting safety in favor of profits is the right choice. When this happens, workers suffer the most.
What Causes Construction Worker Injuries & Fatalities?
Safety violations like a lack of standard fall protection, improperly constructed scaffolding, unsafe ladder use, inadequate respiratory protection, and machinery or tool malfunctions are several of the causes behind construction injuries and fatalities. By understanding what caused your accident, we can determine how to help you get the care and support you need. Our Dallas construction accident lawyers work with top experts in engineering, investigation, accident reconstruction, medicine, and other fields to build the strongest cases for our clients. And we’re standing by to see how we can help you. We also help grieving families get answers after deadly construction accidents. While we can't change what happened, we can work to get solutions to issues such as medical bills, lost wages, funeral expenses, and any other suffering a loved one's construction accident has caused.
What Are Common Refinery Accidents?
Explosions and fires are the most common types of plant refinery accidents. When these happen, workers sustain life-changing catastrophic injuries such as burns, amputations, and brain injuries. Other common Houston plant and refinery accidents include explosions, fires, falls, and toxic exposure. Many of these accidents are the result of companies failing to adequately maintain their facilities. The refining process requires incredibly temperatures, high pressure, and incredibly volatile chemicals. This means that companies have no excuse when they fail to maintain the equipment that handles processes at their refineries.
How Can a Houston Plant & Refinery Accident Law Firm Help?
Arnold & Itkin focuses on making sure anyone hurt receives the compensation that they need after an accident. Since refinery accidents often cause severe injuries, we always focus on the recovery a worker needs rather than the settlement they’re offered. Our Houston plant and refinery accident attorneys often secure compensation for things such as lost wages, medical bills, pain and suffering, cost of future medical care, and more.
What If My Loved One Was Killed by a Houston Plant Accident?
Unfortunately, the behavior of negligent companies often results in the deaths of their workers. If your family is suffering because a member was killed by an accident, you might be able to file a wrongful death lawsuit. Doing so will hold the company accountable, help prevent more accidents from causing more families to suffer, and help you get the compensation you need to move forward. Compensation we help grieving families recover often includes funeral expenses, medical expenses, loss of companionship, lost wages, and emotional suffering.
What Is a Tow Truck Accident Claim Worth?
A fair settlement or award for a tow truck accident claim should include compensation for every loss or injury you’ve experienced. It should cover all expenses associated with your injuries, now and into the future. It should also address the emotional trauma that you’re dealing with as a result of your accident and resulting injuries. Your claim may include compensation for: medical care; ongoing treatment; medical supplies; medication; lost income; loss of future earnings; emotional trauma; and punitive damages. Our team will determine the value of your claim based on the impact that the tow truck accident has had.
What Do Plant Explosion Lawsuits Accomplish?
These lawsuits accomplish two significant things. First, they hold companies accountable and help ensure that more workers don’t have to face a similar situation. Second, the help injured workers recover damages such as lost wages, medical bills, and so much more.
How Do You Investigate Tow Truck Accidents in the Houston Area?
A truck accident investigation typically includes an analysis of physical evidence through photographs and the scene, witness interviews, and a review of police reports and all other applicable documentation. We will also analyze driving and maintenance logs. Our firm works with investigators, expert witnesses, and accident reconstruction specialists to develop strong cases that prove fault and help our clients get fair recoveries.
Who Is Liable for Dallas Construction Accidents?
Companies in charge of construction sites are responsible for making sure they're safe. Additionally, employers must make sure that their employees are trained, prepared, and have adequate equipment to do the job safely. Since construction accidents are almost always rooted in the operations, workers are rarely—if ever—responsible for causing them.
Do I Accept a Settlement After a Plant Explosion?
No. Companies offer settlements because they are trying to pay as little as possible while escaping further legal consequences. After accepting a settlement, workers release the responsible part from further liability. Speaking with a plant explosion lawyer ensures that you’re receiving a fair settlement and that your interests are protected.
I Don’t Have Money for an Attorney. How Can I Move Forward?
You don’t have to worry about upfront costs and legal fees when you work with our Houston tow truck accident attorneys at Arnold & Itkin. We handle these cases on contingency, which means we only get paid if you do. If we take on your case, we will handle everything, so you don’t have to worry and can simply focus on healing.
Why Are Oil Refineries Dangerous?
Oil refineries are potentially dangerous places for a few reasons. The most obvious is the presence of highly combustible substances like crude oil, natural gas, and the chemicals commonly used to process these. A single spark could set off an explosion or start a fire that rips through the entire refinery, injuring workers and claiming lives. Other hazards at oil refineries are present because workers must perform physically demanding labor, work at heights, and work with or around heavy machinery or equipment that can cause severe harm if it is misused, poorly maintained, or improperly designed or manufactured. Even though oil refineries are dangerous places, however, this is no excuse for safety violations or acts of negligence that lead to serious accidents and injuries.
Are Employers Responsible for Tow Truck Drivers?
Before making any hiring decisions, trucking companies will look at a driver’s history and criminal record. Drivers must all be insured on a company policy; drivers with poor records are not only more difficult to insure, but they also pose a serious liability. For this reason, those with DUIs and other criminal charges on their records may not be hired. In the event that an individual with a poor driving history does get hired by a tow truck company, and then gets in an accident, it may be the liability of the trucking company for negligent hiring practices.
How Much Does Help from a Dallas Construction Accident Law Firm Cost?
Getting help from Arnold & Itkin costs clients nothing upfront. Since we work on contingency fees, we cover all costs associated with a case and only collect a fee if we win results. This means that we handle court fees, investigative costs, and any other expense associated with your case. If we don't secure compensation for you, you don't pay us. It's that simple!
Why Is It So Dangerous When Truck Drivers Are Tired?
Fatigued driving has been compared to drunk driving, with its impact on a driver’s ability to safely operate a motor vehicle. Vision, reaction time, motor skills, and judgment may all be adversely affected when someone drives for too long in a single stretch or has not had enough sleep. For truck drivers, the consequences of fatigue can be far more serious. It’s much more challenging to operate a large semi-truck than a small passenger car. If a trucker is tired and cannot drive safely, everyone on the road will be at risk. A truck accident has the potential to cause far more harm than any other motor vehicle accident on Houston’s roadways.
How Can You Prove an Hours-of-Service Violation After a Truck Accident?
Truck drivers and the companies they work for may be to blame for hours-of-service violations that cause serious truck accidents. Proving these violations can be challenging, but it’s possible. We may use the following to identify violations: truck driver logbooks, on-board GPS, cellphone data, receipts, and stamped pick-up and drop-off times. Comparing driver logbooks with a truck’s GPS will show whether the logbook is accurate. Reviewing receipts will show if and when the driver stopped to get gas, food, or other supplies. This and other information can be reviewed and compared to see if it matches and whether the driver violated federal hours-of-service regulations.
What Is the Spinal Cord?
The spinal cord runs through the back, transmitting messages from the brain to the rest of the body. The spinal column, made up of 33 bones (vertebrae), protects the soft cord. Between the vertebrae are discs of semi-rigid cartilage; in the middle of the discs are narrow passages through which the spinal nerves exit. These are the places where the spinal cord is particularly vulnerable to injury. The spinal cord is organized into segments, which mark locations where nerves emerge from the cord. Cervical spinal nerves (C1 to C8) control signals to the back of the head, neck and shoulders, arms and hands, and diaphragm. Thoracic spinal nerves (T1 to T12) control signals to the chest muscles, specific back muscles, and portions of the abdomen. Lumbar spinal nerves (L1 to L5) control signals to the lower abdomen and back, buttocks, external genital organs, and legs. Sacral spinal nerves (S1 to S5) control signals to the thighs, lower legs, feet, external genital organs, and area near the anus. The single coccygeal nerve carries sensory information from the skin of the lower back.
What Should I Do if I Was Injured in an Accident With a Tired Truck Driver?
If you were driving beside a truck and it veered into your lane, if you were rear-ended by a semi that failed to stop, or if you have any suspicion that the truck driver was to blame, talk to an attorney. You may be entitled to financial compensation from the trucking company and the driver for the injuries you’ve experienced. After seeking medical care, you should involve a lawyer as soon as possible. The trucking company will launch an investigation into the accident. The insurance companies will try to determine what happened. Make sure you have someone who will put your interests first in the fight for the compensation you need to provide for yourself and your family.
What Are the Common Causes of Spine Injuries?
Spinal cord injuries are most commonly caused by traumatic events. Motor vehicle accidents account for nearly half of all new spinal cord injuries annually, making them the leading cause. Falls, particularly among older adults, are the second most common cause. Violent incidents, including gunshot wounds and stabbings, also contribute significantly, as do sports-related injuries, especially from high-impact activities like football and diving. Preventative measures, such as wearing seat belts and fall-proofing homes, can substantially reduce the risk of these injuries.
What Does It Cost to Live with a Permanent Spinal Cord Injury?
Living with a spinal cord injury is extremely expensive. Not only must a patient and his family shoulder the burden of medical care, rehospitalization, and assistive devices or therapy, but they must deal with decreased earnings or even the possibility that the patient will be unable to work at all. The estimated lifetime costs listed below only include healthcare and living expenses: approximately $1.5 million for a person with paraplegia who was injured at 50 years old; approximately $2.3 million for a person with paraplegia who was injured at 25 years old; approximately $2.1 to $2.5 million for a person with low or high quadriplegia injured at 50 years old; and approximately $3.4 to $4.7 million for a person with low or high quadriplegia injured at 25 years old.
Who Is Liable for Spinal Cord Injuries?
Because spinal cord injuries have many, varied causes, accountability will depend on the specific circumstances. For example, in a car accident, the at-fault party may be the driver of the other vehicle. In a fall at an amusement park, the park owner may be liable for failing to maintain safe grounds. In a work-related accident, the injured worker may have a workers' compensation claim or a case against a third party. If a spinal cord injury was caused by a defective product, the manufacturer of that product could be liable. By carefully investigating the cause and contributing factors, our team can determine who should be brought to justice.
What Is My Personal Injury Case Worth?
Understanding the value of your personal injury case is a priority, as it directly influences the compensation you may receive. The worth of your case depends on several factors, such as the severity of your injuries, the cost of your medical treatment, lost wages, and the impact on your daily life, including pain and suffering. As experienced Mississippi injury lawyers, we diligently review every detail of our clients' cases and situations to ensure we capture the full extent of damages. The goal is always to reach a recovery that helps our clients rebuild their lives.
How Long Do I Have to File a Personal Injury Lawsuit in Mississippi?
There is a time limit within which a case can be filed. This is called a statute of limitations. In Mississippi, the statute of limitations for most personal injury actions in three years. If you were injured in an auto accident, by a defective product, or in any other situation caused by someone else’s conduct, you have three years to come forward. If you wait too long, you could lose your right to file suit. There are some exceptions to the personal injury statute of limitations. If you were a minor at the time of your injury, for example, you may have three years from the time you turn 18 years old to come forward. Our attorneys can explain what limits may apply to your case.
What Should I Do After an Accident or Injury?
After an accident or injury, your first step should be to ensure your safety and seek immediate medical attention, even if the injuries seem minor. Medical records will be crucial for documenting your condition. Once you are safe, document the scene by taking photos and gathering contact information from any witnesses. Avoid discussing fault or making statements to insurance companies until you've spoken with an attorney. Contacting a personal injury lawyer as soon as possible can also be critical. An experienced attorney can guide you through the initial steps, help protect your rights, and ensure you don't settle for less than you deserve. Remember, taking the right actions early on can significantly impact the outcome of your case.
Who Is at Fault for Coal Mining Accidents?
Multiple parties can be at fault after a coal mining accident. First, employers are required by law to make sure their workers have a safe workplace. This means providing the training, tools, and other things required to maximize safety. Additionally, employers are required to make sure all maintenance and safety procedures are followed by workers. In some instances, companies that produce faulty equipment can also be at fault for a coal mining accident. Second, a coal mining accident creates accountability and helps ensure that more workers don’t have to face the same situation that you or your loved one had to experience.
What Are the Benefits of a Coal Mining Injury Lawsuit?
When a coal mining worker files a personal injury lawsuit, they are demanding answers from the people and companies who caused their injuries. They’re also given the opportunity to recover financial losses that aren’t possible through typical workers’ compensation insurance. Workers can seek compensation for medical bills, lost wages, the cost of future care, and much more.
My Company Offered Me a Settlement. Should I Accept It?
No. Settlements are often meant to be as low as possible while also absolving a negligent company of any future liability. While it might seem like your company is trying to do right by you, it’s always wise to speak with a coal mining accident lawyer to make sure their offer is fair and what you deserve.
Who Is Eligible for Compensation After a Coal Mining Accident?
If you are a coal mine employee who has been injured in a mining accident, you may be entitled to compensation to cover the costs of hospital bills, lost wages, and pain and suffering incurred as a result of the tragedy. Mine operators have powerful attorneys working on their behalf to minimize their exposure and pay the least amount of damages to injured employees; you need an experienced mine accident attorney to represent your interests if you have been injured in an accident.
Who Is Responsible for My Injuries?
The law requires employers to follow specific requirements for maintaining a safe workplace. This means that all employers are responsible for inspecting, maintaining, and operating safe machinery in their workplaces. However, other parties–such as the manufacturer of the defective equipment–might be liable for your accident as well.
Should I Accept A Settlement from My Company?
Not without speaking to an experienced lawyer. Settlements are often designed by companies or their insurers to get a person to accept less than they deserve and prevent them from pursuing further damages. Speaking with an attorney will help you decide if your settlement offer is fair. It’ll also help you find out if you are entitled to more damages than what you initially may have thought.
What Can I Recover from a Defective Equipment Lawsuit?
Our defected equipment lawsuit lawyers are focused on two things: obtaining the compensation that clients deserve and holding negligent parties accountable. Our team will fight to recover losses associated with your accident such as lost wages, medical bills, and the cost of any future treatment you’ll require. Every case is different and speaking with us as soon as possible will help you understand your options.
What Offshore Accidents Happen in Mississippi?
Because of its coastal area and vast network of rivers and lakes, Mississippi is the location of many types of offshore accidents. From oil rig explosions to tubboat collisions, the Mississippi offshore industry is filled with dangers for workers. Common Mississippi work accidents involve oil rig explosions and fires, barge accidents, tugboat accidents, dredging accidents, and deck accidents.
How Can a Mississippi Offshore Injury Lawyer Help?
A Mississippi maritime lawyer can help recover the costs of any injury caused by a preventable offshore accident. Since offshore work can be grueling and dangerous, our lawyers often help people with life-changing and permanent injuries, which are often referred to as catastrophic. Offshore injuries may include severe burns, crush injuries, amputation, drowning or near-drowning, spinal cord injuries, broken bones, and more.
Which Mississippi Workers Are Covered by the LHWCA?
Besides the Jones Act, another important law exists to help maritime workers. The Longshore & Harbor Workers' Compensation Act (LHWCA) is a law that covers maritime workers who don't necessarily spend their time on vessels working. It helps harbor workers, longshoremen, shipbuilders, repairers, and other members of the offshore industry move forward after accidents. Like the Jones Act, the LHWCA holds negligent employers accountable for accidents that they failed to prevent. If you're uncertain if you qualify for recovery using this law, call our Mississippi maritime lawyers today at (888) 493-1629.
Do I Need to Hire a Houston Work Injury Attorney?
If you're seriously injured at work, considering a lawsuit might be necessary to secure the compensation you truly deserve. Workers' compensation is beneficial, but it might not fully cover the impact of severe injuries, especially those resulting from negligence. After an injury, your company will likely investigate the accident, often with their lawyers aiming to minimize the company's liability and avoid payouts. This is precisely why it's critical to get in touch with a seasoned Houston work injury lawyer promptly. Having an attorney dedicated to your interests can make a significant difference. They'll ensure your rights are protected and work toward securing fair compensation for your injuries, countering any efforts to downplay your claim. Consulting with an experienced lawyer can be a decisive step in navigating the aftermath of a workplace injury effectively.
Can I Sue My Employer for a Work Injury in Texas?
In Texas, the workers' compensation system is the primary remedy for employees suffering from work-related injuries, barring lawsuits against employers in most cases and instead providing benefits for medical expenses, lost wages, and disability. However, exceptions exist, such as when an employer doesn't participate in the workers' compensation system, wherein employees may sue for negligence, provided they demonstrate the employer's direct causality in the injury. Furthermore, if an employer deliberately causes an injury or exhibits gross negligence, a lawsuit can be initiated. Injuries caused by a third party, like contractors or equipment manufacturers, could warrant a separate personal injury lawsuit alongside a workers' compensation claim. Thus, consultation with a proficient Houston workplace injury attorney is vital to navigate through these complexities and devise the most advantageous plan.
How Long Do I Have to Sue for Work-Related Injuries?
The statute of limitations for work-related injury claims in Texas varies depending on the claim type. For workers' compensation claims, injuries must be reported to the employer within 30 days from when the injury occurred or when it was known to be work-related; failing to do so might result in claim denial. Following the report, a claim must be filed with the Texas Division of Workers' Compensation (DWC) within one year, with exceptions granted for justifiable delays or uncontested claims. For lawsuits against non-subscribing employers or third parties, a two-year window from the injury date is typically allowed to file a personal injury lawsuit, with exceptions for minors, mental incapacity, or concealed injuries due to the defendant's conduct. Given these stringent timelines and potential complexities, immediate consultation with an experienced attorney post-injury is crucial to safeguard rights and assure timely claim filing.
What Are My Rights If I Get Injured at Work in Texas?
If you suffer a work-related injury in Texas, you have several rights under the state's workers' compensation system and other applicable laws. These rights include the right to seek necessary medical treatment for your work-related injury, with the cost covered by your employer's insurance. You may also be entitled to income benefits if you are unable to work or have a reduced capacity to work due to your injury. Generally, you can choose your treating doctor within the workers' compensation system, though specific requirements or networks may apply. You have the right to file a workers' compensation claim with the Texas Division of Workers' Compensation (DWC) without fear of retaliation or discrimination and to appeal any decision you disagree with through an administrative process. Additionally, you can consult with and hire an attorney to represent your interests in your claim or any related personal injury lawsuit.
How Are Workers’ Compensation & Personal Injury Cases Different?
Workers' compensation claims and personal injury lawsuits differ in several key aspects, including their purpose, legal requirements, and the types of damages that can be recovered. Workers' compensation is a no-fault insurance system designed to provide benefits to employees who suffer work-related injuries or illnesses, regardless of who is at fault. In contrast, personal injury lawsuits are legal actions taken to hold a negligent party responsible for causing an injury, and they require proving fault to be successful. The types of damages that can be recovered also vary between the two. Workers' compensation claims typically provide benefits for medical expenses, a portion of lost wages, and disability benefits. These claims generally do not provide compensation for pain and suffering or punitive damages. In a personal injury lawsuit, the injured party may recover a broader range of damages, including full compensation for lost wages, medical expenses, pain and suffering, emotional distress, and, in some cases, punitive damages.
Can You Sue for Wrongful Death in Texas?
Yes, you can sue for wrongful death in Texas. Under the Texas Wrongful Death Act (Texas Civil Practice and Remedies Code, Chapter 71), surviving family members and the deceased's estate may bring a wrongful death claim when the death is caused by the negligence, carelessness, unskillfulness, or wrongful act of another party.
Who Can File a Wrongful Death Lawsuit in Texas?
In Texas, a wrongful death suit can be filed by specific surviving family members of the deceased, as outlined in the Texas Wrongful Death Act. The eligible individuals who can file a wrongful death claim include the spouse of the deceased, children of the deceased (including legally adopted children), and parents of the deceased (including adoptive parents). Siblings and other relatives are not eligible to file in Texas. If the eligible family members do not initiate a claim within the time limit, the personal representative or executor of the deceased person's estate may file the wrongful death claim unless a family member requests explicitly that a suit not be filed.
Who Is Entitled to Compensation in a Texas Wrongful Death Lawsuit?
In Texas, compensation awarded in a wrongful death lawsuit is typically distributed among the eligible surviving family members. The distribution of compensation depends on the specific circumstances of each case. The court may consider various factors, such as the extent of each family member's financial dependence on the deceased, the degree of emotional suffering, and the nature of their relationship with the deceased. In some cases, the court may award a portion of the compensation to the deceased person's estate, which can then be distributed according to the deceased's will or the state's intestacy laws if there is no valid will.
What Is the Average Payout for Wrongful Death in Texas?
While it's impossible to provide an exact average payout, both settlements and jury verdicts in wrongful death cases can range from tens of thousands to millions of dollars—depending on the case's specific circumstances. It is difficult to provide a specific average payout for wrongful death cases in Texas, as each case is unique and depends on various factors. These factors include the circumstances surrounding the death, the amount of economic and non-economic damages, and the specific details of each case.
How Long Does a Wrongful Death Lawsuit Take in Texas?
Generally, a wrongful death lawsuit may take several months to a few years to reach a resolution. Some cases may settle relatively quickly through negotiations, while others may require extensive investigation, discovery, and a trial, which can extend the duration of the process. The duration of a wrongful death lawsuit in Texas can vary significantly depending on the case’s specific circumstances. Several factors can influence the timeline, such as the complexity of the case, the number of parties involved, the availability of evidence, and more.
Is There a Deadline for Filing a Wrongful Death Claim?
Yes, there is a deadline for filing a wrongful death claim in Texas, known as the statute of limitations. In general, the statute of limitations for Texas wrongful death claims is two years from the date of the deceased person's death. There may be some exceptions to this, such as when the claim involves a minor or if the defendant's wrongful act was fraudulently concealed. However, these exceptions are rare, and it is essential to consult with an experienced wrongful death attorney as soon as possible to ensure your case is filed within the required time frame.
What Is Gynecomastia?
Gynecomastia describes when a male grows breasts from excess tissue rather than fat. It’s often caused by a hormone imbalance. These breasts sometimes require surgical correction if they don’t decrease in size after the hormone imbalance is addressed.
Does Risperdal Cause Gynecomastia?
Yes. Studies have linked Risperdal to triggering gynecomastia in young male patients. Researchers believe that Risperdal, while an effective antipsychotic medicine, triggers a hormone imbalance in young boys that causes them to grow large female breasts.
Why Is the Link Between Risperdal & Gynecomastia an Issue?
Risperdal’s link to gynecomastia is problematic because the drug’s producer, Johnson & Johnson, has been accused of promoting the use of Risperdal by young boys despite knowing the risks associated with them. Since 2012, the company has settled multiple lawsuits over its failure to provide warnings about the link between gynecomastia and Risperdal.
What Are the Most Dangerous Types of Heavy Equipment and Machinery?
Any piece of equipment or machinery can be dangerous if it isn’t operated correctly, is improperly maintained, or is defective. Some of the most dangerous types of machinery include backhoes, loaders, forklifts, cherry pickers, farming equipment, cranes, excavators, dump trucks, industrial machines, trenchers, and warehouse machinery. The harm they cause is often catastrophic and can lead to the death of one or more innocent workers. Getting to the bottom of these accidents to give workers and their families the answers and help they need is our top priority.
If I Was Injured by Heavy Machinery, Is My Employer Responsible?
Your employer is not automatically responsible for your work-related injuries, but if they carry workers’ compensation insurance, your medical bills, and a portion of your lost wages should be covered. Fault is a non-issue in workers’ comp claims because this type of insurance automatically covers all work-related injuries without the need to prove negligence or wrongdoing. However, some Texas employers do not carry workers’ comp insurance. Even if they do, workers’ comp benefits are limited. There are also situations where a third party (someone other than a co-worker or your employer) may have been responsible. In these situations, you may be able to seek compensation for medical care, lost income, and much more in civil court.
What’s the Problem with Risperdal?
Multiple investigations have revealed that producers of Risperdal continued to market the anti-psychotic to children despite knowing that it can cause young boys to develop female breasts. Our team has been successful with holding Johnson & Johnson accountable with marketing this drug to children despite knowing its risks.
What Causes Heavy Machinery Accidents?
Accidents involving heavy machinery and equipment occur when safety standards are not followed to the letter, when the equipment itself is defective, or when it is operated by untrained or careless workers. OSHA enforces strict regulations for all types of heavy machinery in an attempt to protect workers from serious harm, but some companies are lax in educating workers and enforcing safety standards. They may fail to perform routine maintenance or delay in completing repairs or replacing aging parts to avoid the expense and lost production. Heavy machinery manufacturers may also be to blame if they design or manufacture equipment that is defective and does not perform as it should or offer workers sufficient protection from harm.
What Is Gynecomastia?
Gynecomastia described the enlargement or swelling of breast tissue in males. It’s most typically associated with an imbalance of hormone levels. In some instances, Gynecomastia is accompanied by galactorrhea, a condition that triggers a milky white discharge from the nipples.
How Does Risperdal Cause Gynecomastia?
Researchers have linked prolonged usage of Risperdal to an increase in prolactin levels in young boys. This elevated prolactin level is associated with Risperdal-induced gynecomastia. Studies have shown that 3 out of 10 adolescents might develop gynecomastia after taking Risperdal. Researchers have linked prolonged usage of Risperdal to an increase in prolactin levels in young boys. This elevated prolactin level is associated with Risperdal-induced gynecomastia. Studies have shown that 3 out of 10 adolescents might develop gynecomastia after taking Risperdal.
What Is a Lockout Tagout Accident?
When workers have to service or perform maintenance on industrial machinery or energy sources, they have to make sure the machine can’t be turned on by accident. Lockout tagout (LOTO) procedures make sure the machine’s controls are locked out of any power source and cannot be turned on, as well as tagged to let other workers know not to turn it on. LOTO procedures usually include both a locking and tagging step. Lock is secured to the machine’s power source to prevent it from turning on and tag is attached to the machinery to keep workers from engaging it. A LOTO accident results from improper lockout tagout procedure, which subjects workers to serious (and often fatal) harm. Workers have been crushed, burned, or lacerated as a result of working on machinery when it gets turned on. It’s a company’s responsibility to prevent LOTO accidents by any means possible.
How Is My Company Responsible?
If your coworker turned on the machine that hurt you, how is your company responsible? Legally speaking, your company is responsible because the company is responsible for the actions of its employees while they’re on the job. If an employee causes a serious injury while completing their duties, the company is ultimately liable.
What Can I Do to Make Sure My Family Is Taken Care Of?
LOTO accidents often render workers unable to work–sometimes permanently. In those situations, the combination of losing your income and accruing medical bills can devastate your family. The best way to ensure your family is taken care of is to speak with an injury attorney about your case. An injury attorney would be able to investigate your accident, hold the company liable for their role in causing you harm, and fight for a full financial recovery on your behalf. At our firm, we don’t take a fee unless/until we win our client’s case.
Does Invega Cause Gynecomastia?
Invega Sustenna's main active ingredient is paliperidone, a close 'relative' of risperdone. Both chemicals cause an increase in the hormone "prolactin," which stimulates both breast development and milk production. Due to its closeness to risperdone, Invega Sustenna has been linked gynecomastia, or the abnormal growth of breast tissue in young boys.
Is Gynecomastia Reversible?
In cases where gynecomastia has been caused by Invega usage, some cases may improve through exercise and diet. However, in many cases the abnormal breast tissue will remain, even if the patient stops taking Invega Sustenna. When tissue growth is permanent, only surgery will be able to undo the damage caused by paliperidone. Unfortunately, because gynecomastia is not life-threatening, most health insurances will not cover corrective surgery—even when gynecomastia causes severe emotional and social trauma.
Who Does Invega-Related Gynecomastia Affect?
A study in 2014 revealed that older men who took paliperidone or risperdone were 69% more likely to develop gynecomastia than nonusers. However, it's boys who have taken paliperidone or risperdone during childhood who have experienced the most painful effects of gynecomastia. As young men are developing, abnormal breast growth tends to occur as they're reaching puberty, which generates a great deal of shame and embarrassment.
Is Working in a Paper Mill Dangerous?
Paper mills are factories that use heavy machinery to make paper from materials like wood pulp and other ingredients. They can be extremely dangerous places to work–if proper safety measures are not in place to protect workers. Defective or poorly designed equipment can also cause injuries. Because workers are often operating or in close proximity to machinery and large rolls of paper. Workers are also at risk of suffering respiratory problems caused by inhaling dust that contains talc, dyes, pigments, wood, chemicals, and other harmful substances. When these injuries occur, it’s important to find out what right you have to compensation.
What Should I Do if I’m Injured in a Paper Mill Accident?
There are a few key things you should do if you’re injured while working at a paper mill in Texas. Seek medical attention as soon as possible, and inform your supervisor or manager. You’ll need to tell your employer of the incident to protect your right to workers’ compensation, or you could lose your right to benefits. You should also consider talking to an attorney, particularly if you were seriously injured or are having any problems with your workers’ comp claim. Claims are denied every day for missing information or incidents that employers claim are not work-related. You could be entitled to additional compensation by filing a personal injury lawsuit if someone other than your employer or a co-worker was responsible. An attorney can talk to you about your options, your rights, and how to get the medical care and financial help you need to recover and move on with your life.
Who Is Responsible for Paper Mill Worker Injuries?
Paper mill injuries can occur as a result of operator experience or error, failure to properly inspect and maintain machinery, failure to implement OSHA standards, lack of proper safety gear, defective products, or even intentional misconduct. Depending on the cause of your accident, a co-worker, your employer, a manufacturer, or another individual or company may be responsible. An investigation will help to reveal cause and responsibility so you can seek justice.
How Does Talcum Powder Cause Cancer?
Various studies have linked talcum powder to ovarian cancer. While the exact mechanism is unknown, researchers have determined that women who use products that contain talcum powder have a significantly higher chance of developing ovarian cancer.
What Products Have Talcum Powder?
Many popular products contain talcum powder including Johnson & Johnson’s Baby Powder, Shower to Shower Body Powder, Gold Bond Body Powder, Nivea Pure Talc, Estee Lauder Body Powder, and Summer’s Eve Body Powder.
Does Inhaling Talc Powder Cause Cancer?
Occasionally, talcum powder products contain a cancerous substance called asbestos. If inhaled, asbestos can cause a lung disease known as mesothelioma. Notably, this cancer is only caused by asbestos.
How Can a Dallas Wrongful Death Lawyer Help?
A wrongful death law firm in Dallas should work towards making sure your financial future is secure after losing a loved one. This often means recovering compensation for medical bills, funeral costs, lost wages, and other monetary losses caused by a person’s passing. Additionally, an attorney can work to recover non-monetary losses associated with emotional suffering, loss of companionship, loss of guidance, and more. In some cases, punitive damages are possible. This form of compensation is meant purely as a punishment for parties that were particularly negligent and caused the early death of a person.
When Should I Contact a Wrongful Death Law Firm in Dallas?
Contacting a wrongful death firm should be one of the first things you do after your loved one has passed away. While it might feel hard to examine your legal options, doing so quickly means that your lawyer will have as much time as possible to prepare your claim—giving your case the best chance possible for success. Importantly, you should still contact an attorney, even if it’s been a while since the passing of your loved one. Doing so will help you understand your options and make up for any lost time.
What Should I Do After a Warehouse Accident?
If you have been injured while working at a warehouse, make sure you inform your employer. Each state has its own rules in place regarding on-the-job injuries and workers’ compensation, and if you wait too long to tell your supervisor or manager that you were injured, you could lose your right to benefits. You also need to make medical treatment your top priority. If you did not require emergency treatment immediately after the incident, go see your doctor or go to urgent care and tell them what happened. Follow your doctor’s orders and do not return to work until you are cleared to do so.
In addition to reporting your injury and seeking medical treatment, you should consider involving an attorney after a warehouse accident. These incidents often cause catastrophic trauma, and you will need the best medical treatment and money to make up for lost earnings. An attorney can help you pursue fair compensation, even if your employer or the workers’ comp insurance company tries to delay, deny, or undervalue your claim.
Are Warehouse Injuries Covered by Workers’ Compensation?
While each state has slightly different workers’ compensation laws, the general consensus is that any on-the-job injuries and illnesses are covered by workers’ comp, regardless of fault. Injured workers can pursue benefits for medical care and lost earnings without having to prove that someone else was to blame. If a third party (someone other than their employer or someone they work with) was at fault, however, they could have a personal injury lawsuit against that person or company. Your attorney can explain how workers’ comp applies to your warehouse accident and resulting injuries.
How Much Does Help from a Dallas Wrongful Death Attorney Cost?
Getting help from our wrongful death lawyers costs nothing up front. Our firm works on something called a contingency fee—an agreement that means we cover all costs associated with a case. If we don’t secure results on your behalf, you won’t have to pay us anything. We do this to make our services attainable for anyone and to make sure our clients aren’t going through more economic stress than they’re already experiencing. For us, your recovery is the most important part of any case—working with contingency fees helps us prove this to you.
Do I Need a Lawyer After a Warehouse Accident?
You are not required to hire a lawyer after a warehouse accident. You can pursue workers’ compensation without legal counsel, but you may quickly find that your employer and their insurance company are not treating you fairly, that you feel lost, and that you are not receiving the benefits you need. A competent lawyer can not only handle your workers’ comp claim but can pursue additional compensation, if applicable. You can get all of your questions answered and your rights protected during this extremely challenging time.
How Do You File a Wrongful Death Claim in Dallas?
Filing a wrongful death claim in Dallas starts with a free consultation with our law firm. Speaking to a member of our team comes with no obligations and will help you discover what your options are. We’re ready to listen to your story and inform you on what steps to take next to secure justice for your family.
What Should I Do if I Notice a Hazard at Work?
If you notice a hazardous situation at work, the most important thing you can do is to speak up. Tell your supervisor or manager. Ideally, inform him or her in writing, so you have a record of your complaint. Your safety and the safety of your co-workers depend on people like you making hazards known so they can be fixed. You have the right to report safety violations and hazards without fear of retaliation by your employer. If you’re fired, demoted, or suspended because you report a hazard, talk to an attorney about your rights. You could get your job back and may be entitled to additional damages.
Can My Employer Be Held Liable for Workplace Hazards?
Generally speaking, employers are not held liable for workplace hazards because on-the-job injuries fall under workers’ compensation, which provides medical care and financial support on a no-fault basis. This means workers are covered regardless of who may be to blame. If gross negligence or intentional misconduct are involved, however, you could have grounds for a lawsuit against your employer. The same applies if someone other than your employer or someone you work with caused the accident. A third party can be subject to a personal injury, wrongful death, or product liability lawsuit.
There is a path to justice, and our team at Arnold & Itkin can find it for you. No matter what.
What Should I Do if I Have Been Injured on the Job?
If you or a loved one was injured by a workplace hazard and you believe that it was preventable, contact our industrial injury attorneys immediately for a free consultation. Time is of the essence, as employers are sometimes informed by insurance agencies to get rid of incriminating evidence that caused work-related injuries. Our firm goes into work environments and assesses why someone got hurt so that we can find out who should be held responsible for the trauma our client received. We seek after the truth of who is at fault in work-related accidents. We know how much is on the line, and we know that only the best Houston personal injury attorney will do.
What Is Insurance Bad Faith?
Insurance bad faith claims are claims against an insurer that wrongfully attempts to betray its obligations to a claimant. Insurers are obligated to pay any valid claim. If they fail to investigate a claim or deny a claim without valid reason, they may be found to be operating in bad faith and thus financially obligated to compensate you.
How Do I Prove My Insurer Acted in Bad Faith?
To prove a bad faith insurance claim, you’ll need to prove your insurer behaved in a way that was unreasonable or without valid cause. In most cases, that will involve holding your insurer accountable for failing to make a full and fair investigation of your claim within a certain time window. Either delaying or denying a valid claim is illegal.
Does My Insurer Owe Me an Explanation for Why the Claim Was Denied?
Yes. As a claimant, one of your most fundamental rights is the right to a reasonable explanation for why your claim was denied. You are entitled to full payment under your policy or a reasonable settlement for your damages. If your insurer refuses to offer to pay a valid claim, they need to provide detailed explanation for why your claim was denied. Even if they provide an explanation, it’s still possible that they committed insurance bad faith.
How Are Most Business Interruption Claims Handled?
When there is a dispute about a business interruption claim, it can be resolved through negotiation, arbitration, or litigation. Most of these claims are settled through negotiation, in which the claimant (business owner) and insurance company sit down and reach an agreement regarding the losses and payout. Having a competent legal team in your corner will ensure that your losses are properly presented, with supporting documentation. If your insurance company tries to give you the runaround or deny a valid claim, you can take your case to court. Insurance companies that act in bad faith in handling business interruption claims can be held liable for the full value of the claim and additional damages.
I Lost Business Because of a Flood. Will Insurance Cover This?
In many cases, property damage and business interruption related to flooding are not covered in standard insurance policies. You should carefully review your policy to see if it covers damages related to floods and other natural disasters. If you have questions about your policy or believe that your insurance provider is not treating you fairly in this process, you should talk to an attorney. Arnold & Itkin’s business insurance attorneys have extensive experience with interruption claims and can help determine whether your losses are covered, and to what extent.
What Is My Business Interruption Claim Worth?
A typical business interruption claim for a small business may easily exceed $1 million. Claims for larger companies and lengthy periods of interruption may be worth far more. Part of the counsel we provide as business interruption claim attorneys is investigating the full and fair value of your claim. With clear and convincing evidence of your losses, we can pursue a fair settlement or award on your behalf. A business interruption claim may include compensation for lost employees, lost customers, property damage, and lost assets. A fair payout may make all the difference in a company’s ability to rebuild, reopen, and thrive.
Are Traumatic Brain Injuries Treatable?
It is vital for victims to begin treatments as soon as possible after a brain injury—this increases the chances of a full recovery. Treatment options will be different depending on the severity level. It is advised to visit a professional immediately after an accident. Even if the accident doesn’t seem severe, there are moments when an injury is more severe than it seems. Common treatment options for severe brain injuries include immediate emergency care, surgery, medications, and rehabilitation. A person who has suffered a brain injury may need to see such specialists as: physical therapists, speech pathologists, social workers, occupational therapists, neuropsychologists, and rehabilitation nurses.
How Can a Louisiana Traumatic Brain Injury Law Firm Help?
A law firm can help traumatic brain injury survivors recover the compensation they need to live the most comfortable life possible after their accident. While we can't change what happened, we can fight for accountability from the people who could have prevented it. Our Louisiana brain injury lawyers can recover compensation for decreased earning capacity, past and future medical treatment, pain and suffering, and any other losses or expenses associated with an injury.
I Filed My Claim & the Insurance Company Is Asking for Information. Do I Have to Comply?
If the insurance company is asking for information that’s relevant to your claim, you should provide as much as you can. If you feel like you’re being given the runaround or are being asked for personal or financial information that should have no bearing on your claim, however, it’s possible that they’re trying to delay or undervalue your claim. Talk to your attorney about what you’re experiencing, and you can find out if you should continue to comply with their requests.
Nothing Is Happening With My Fire Damage Claim Because the Cause of the Fire Is Under Investigation. What Can I Do?
If the cause of the fire that damaged your property is under investigation, you may feel more like a suspect than a victim who has experienced a devastating loss. What’s more, the claims process will be at a standstill until the cause is determined. This can be a difficult time. Instead of losing hope, work with a firm that knows how to deal with fire damage investigations and insurance claims. At Arnold & Itkin, we can step forward and protect your interests during the investigation, in filing your claim, and even in disputing a denial or low settlement offer. We have the tools and experience to maximize your coverage.
My Insurance Company Paid to Have My Property Restored After a Fire, but I’m Not Satisfied With the Results. Can I Do Something
Fire, smoke, and firefighting efforts can cause considerable damage to a structure and all of the property inside. If your insurance company paid to have your belongings and home restored after a fire, but you still smell smoke or feel that repairs and remediation were inadequate in any way, you may be entitled to additional compensation. The insurance company is obligated to restore your property to the condition it was in prior to the fire, in a consistent and uniform fashion. They can’t replace damaged flooring with mismatched materials. You can’t be expected to live with shoddy repairs. Talk to your lawyer about reopening your claim and getting your home restored properly.
Why Do Explosions Happen?
After investigating countless industrial explosions, oilfield accidents, and offshore disasters, our Louisiana explosion lawyers have identified a pattern of negligence with these incidents. Explosions almost always happen when companies cut corners with safety in favor of profits.
In some cases, something as simple as making sure an aging valve was replaced could have prevented deadly explosions.
Determining the cause of the explosion that harmed you requires an experienced and dedicated law firm. Explosions don’t just “happen” and our team is ready to investigate yours to uncover the answers you deserve.
How Much Does Hiring a Louisiana Explosion Lawyer Cost?
Getting help from our firm will cost you nothing up front. Since the people who come to us for help are under extreme financial pressure already, we work with something called a contingency fee. In short, this means that we cover call costs associated with a case and don’t collect a payment unless we secure results for a client. Turning to our lawyers means you have nothing to lose.
Should I Accept a Settlement After an Explosion?
Never accept a company’s settlement offer before speaking with an attorney. Often, settlement offers are designed to be low and help a company get away with an accident for less money. Once a person accepts a settlement, they can no longer seek further compensation. In one case handled by our attorneys, the company wasn’t being fair during the negotiation process. Our team took them to court and was awarded a verdict that was four times larger than what the company was offering.
Who Can File a First-Party Insurance Dispute?
The insured individual and/or a named or intended beneficiary can sue an insurance company for bad faith practices.
What Causes Construction Accidents?
Every construction accident is different, but there is one thing that they all have in common. They are preventable. One or more contributing factors can be identified for any construction accident, no matter the type of incident or the circumstances leading up to its occurrence. Construction accidents may be caused by tired, overworked, or inexperienced workers, violations of state and federal safety standards, lack of fall protection for workers on scaffolding and ladders, lack of protection for workers on the ground, defective equipment and heavy machinery, or failures to properly maintain equipment and machinery. Our team investigates New Mexico construction site accidents meticulously, taking every piece of evidence into account to establish fault. We work with investigators and experts in construction, engineering, medicine, and other fields to create irrefutable cases for our clients.
I Haven’t Made a Payment on a New Policy Yet. Can I Still File a Claim?
Once an insurance contract is in effect, the insurer must accept and cover legitimate claims. Before making the first payment, some bills and expenses may be excluded, depending on the terms of the policy, but that should not keep you from filing.
What Can an Explosion Injury Lawyer Help With?
We often recover expenses such as medical bills, lost wages, pain and suffering, the cost of future care, the loss of the ability to work, and anything else a person has lost because of an accident. Our Louisiana explosion lawyers focus on two things after explosions: determining who should’ve prevented one and then holding them accountable for the harm they inflicted on others. We always prioritize pursuing the compensation that clients need after serious accidents. While nothing can change what happened to them, having financial freedom means a person and their families can focus on adapting to life after serious explosion injuries.
I Didn’t Get a Rejection Letter for Months. Is that Bad Faith?
In most cases, insurers must respond within 15 business days, informing you whether your claim has been accepted or denied. Unless the insurer has requested an extension to review the claim, and informed you, the long delay is not allowed. It may be considered bad faith.
What Evidence Do I Need to Sue My Insurance Company for Bad Faith?
To prove that an insurance company has acted in bad faith, you must be able to show:
The insurance policy was valid and paid in full at the time of the loss for which you are filing a claim;
The insured party complied with the terms of the policy; and
The insurance company breached the terms of the contract by delaying/failing to make payment.
Most insurance companies retain serious legal counsel right away, so the sooner you secure representation, the better for your case.
What Parts of Louisiana Do Your Explosion Attorneys Serve?
Our lawyers can help after all types of explosions—from gas well accidents to offshore oil rig blasts—in any part of Louisiana. We serve Lafayette, Baton Rouge, Shreveport, New Orleans, Lake Charles, and more.
What Are the Leading Causes of Construction Worker Fatalities?
The Occupational Safety and Health Administration (OSHA) has identified the four leading causes of fatal construction accidents in the United States. These “fatal four” are: 1) Falls, which accounted for 33.5% of construction fatalities in 2018; 2) Struck by swinging, flying, or falling objects, which accounted for 11.1% of construction fatalities; 3) Electrocution, which accounted for 8.5% of construction fatalities; and 4) Caught-in/between accidents, which accounted for 5.5% of construction fatalities.
According to OSHA, eliminating these incidents would save 591 workers’ lives in the U.S. each year.
What Are My Rights If My Claim Isn’t Paid on Time?
Insurance companies must respond to claims quickly. If your insurance company does not respond promptly or does not pay your valid claim, you can sue. If the court finds your insurer failed to meet its obligations, you can file for damages above and beyond policy limits.
My Claim Wasn’t Denied, But I Think I Was Underpaid. What Can I Do?
Sadly, insurance companies often try to underpay claims because they know they can get away with it when a policyholder is not aware of their rights. This can be considered bad faith if the insurance company fails to pay what they owe to an insured and breaches their agreement.
What Are Common Bad Faith Insurance Practices?
One of the fundamental ways to know that an insurance company has violated your rights is actually to know your rights. Understanding what is considered bad faith insurance practices can help you quickly take legal action if you have been mistreated.
Some of the most common types of unlawful insurance practices include:
Intentionally misrepresenting policy provisions
Failing to respond to claims in an adequate timeframe
Performing inadequate claim investigations
Underpaying or denying valid claims
How Can I Afford an Attorney if My Claim Hasn’t Been Paid?
Insurance companies often count on the fact that delaying or denying payment of claims will limit the insured party’s ability to pursue a legal remedy. At Arnold & Itkin, we understand you may be short on funds. For that reason, we work on a contingency basis–our clients do not pay a penny unless we are successful in recovering compensation on their behalf. This gives you 100% peace of mind when you call on us.
What Type of Damages Can I Recover?
In bad faith claims, there are specific damages that may be made available to individuals who have been victims of unlawful insurance practices. The three primary categories of recoverable damages include:
Contract damages refer to the benefits you were owed under your policy,
Extra-contractual damages refer to additional compensation based on the insurer’s tortious actions. This may include emotional distress and economic loss suffered by the insured while waiting for the claim to be resolved (such as attorney’s fees).
Punitive damages are awarded to punish the insurance company for their actions, aiming to curb such actions in the future.
Why Contact a First-Party Insurance Lawyer?
Just because you have paid for insurance does not mean you can expect to have your claim paid in full. Insurance companies are more concerned with profits than with helping their policyholders and will do everything in their power to minimize or deny claim payments. Insurance law can be complicated, and the amount of information and documentation required to prove a claim has been unfairly denied can be overwhelming.
Insurance companies play games with their policyholders, hoping stalling tactics and legal run-around will coerce individuals into settling, if for no other reason than to end their insurance battles. At Arnold & Itkin, we deal with insurance companies on a daily basis in a variety of situations, and we understand what it takes to assist a policy holder in seeking fair payment of covered damages. Our attorneys have successfully handled many first-party insurance claims, from fire damage to losses incurred by hurricanes.
What Type of Construction Accident Case Do I Have?
If you were injured at a construction site in New Mexico, you may have a valid workers’ compensation claim, a personal injury lawsuit, or both. Fortunately, our team has the wherewithal to handle either type of case. Workers’ compensation applies to on-the-job injuries of any kind. In New Mexico, all companies that engage in construction work must provide workers’ compensation coverage for their employees. This also applies to out-of-state contractors working in New Mexico. Workers’ comp is provided on a no-fault basis and covers medical care and a portion of an injured worker’s lost earnings. Personal injury lawsuits may apply to construction accidents that are caused by third parties, such as the manufacturer of a defective tool or piece of equipment/machinery. They may also apply in cases where gross negligent or intentional misconduct is involved.
Is Hail Damage Covered By Homeowners’ And Auto Insurance?
We will need to review your policy to determine whether hail damage is covered by your homeowners’, auto, or other insurance. In Texas, hail damage is not uncommon and if it is included in your policy in any way, you should receive money to cover the damage your home, commercial building, or car has sustained. If you filed a hail damage claim and are having trouble getting the money and repairs you need, talk to our team.
We know how to deal with insurance providers who act in bad faith when handling these claims, and we can apply the right amount of pressure to get you paid.
What Type Of Damage Can Hail Cause?
Hailstorms can cause significant, widespread damage to buildings and vehicles. Depending on the size of the hail and the duration of the storm, your roof could be severely damaged. The windshield and roof of your car may be dented, cracked, or shattered. Livestock has even been killed by large hailstones.
If your home, business, or property were affected by a hailstorm, make sure you take note of all the damage. Take pictures to document everything, and talk to an attorney if you experience any problems with delays or an unfair settlement offerfrom your insurance company. At Arnold & Itkin, we believe in helping our clients get the full compensation they need to rebuild after serious hailstorms.
Do I Need A Lawyer To Help With My Hail Damage Claim?
When you’re dealing with significant hail damage, you could be facing thousands or even tens of thousands of dollars in repairs. If your insurance company is ethical and responsible, they will investigate your claim quickly and will pay for everything it takes to restore your property to its former condition. Unfortunately, the chances of that happening are nearly nonexistent. Your insurance provider is far more likely to delay your claim and to try to avoid paying for certain repairs.
With so much at stake, you can level the playing field by putting a competent hail damage claim lawyer in your corner. A lawyer who knows the ins and outs of property damage claims and the tactics used by insurance providers to limit payouts can make all the difference.
What Damages Will My Insurance Policy Cover If My Home Is Hit?
The scope of property damage that is covered by a homeowner’s policy will vary. Some policies cover damage to just the home, while others extend to outlying structures, including garages, sheds or pools. Some policies also include coverage for personal property, such as furniture, clothes, TVs and jewelry and also provide expenses to cover the cost of staying elsewhere while your home’s storm damage is being repaired.
Most homeowner’s insurance policies exclude coverage for flood damages. You must obtain that coverage through the Federal Emergency Management Agency’s Flood Insurance Program. In our experience, many insurers will attempt to interpret policy provisions as narrowly as possible or try to split damages between your covered and non-covered losses in a way that minimizes how much they must pay you.
What Damages Will My Insurance Policy Cover If My Business Is Hit?
Most business insurance policies include language regarding business concerns, such as coverage for equipment, machines, computers, supplies, and inventory, in addition to coverage of physical damages. The policies may also include “business interruption.” Business interruption policies can provide coverage for extended periods and cover diminished income after a business reopens. Other coverage includes contingent business interruption coverage (when the loss is caused by damages to a third-party supplier), ingress/egress coverage (when access to property is cut off) and coverage for measures taken prior to a hurricane’s arrival, such as putting up plywood.
If My Home Has Been Damaged in a Hurricane, What Should I Do?
Taking care of your basic physical needs is important to ensure no one in your family becomes sick or injured from unsafe food, water, structures, or facilities. You can also take appropriate steps to protect your property from further damage by having professional contractors, inspectors, or appraisers review the extent of damages. Then, you should contact a lawyer, who can review your policy and help you to determine your coverage and policy terms. The attorney may send notice to the insurance agency about your damages. Sending a notice letter to the insurer on your own can potentially harm your ability to make a successful claim. Insurance companies may use the contents of that letter to deny your coverage.
How Do Insurance Companies Try to Avoid Paying Claims?
Some insurance companies use various strategies to try to avoid high payouts. They may unnecessarily delay a claim, asking for additional (and unnecessary) information or documentation, fail to return calls, or leave you waiting to get answers to your coverage questions. They may offer unfairly low settlements before you’ve had a chance to actually consider the full impact that your injuries or losses have had, or before you’ve talked to an attorney. They may retroactively cancel your policy or deny your claim outright by saying your losses are not covered. Insurance policies are full of tiny print and legalese, but this does not excuse companies from acting in good faith when handling your claim. Avoid the many immoral practices used by providers to take advantage of people like you—involve an experienced Louisiana insurance claim lawyer as soon as you can.
What Legal Rights Do I Have as an Insurance Policyholder in Louisiana?
As a policyholder or claimant, you have the right to be treated in a fair manner by the insurance provider. Insurance companies have a legal duty to act in good faith when investigating, managing, and paying claims. They cannot actively try to find reasons to deny a valid claim and cannot treat you unfairly through the process, taking advantage of your lack of in-depth knowledge of insurance claims.
Unfortunately, some Louisiana insurance companies violate their obligation to act in good faith. When they do, policyholders and claimants have the right to file suit. A bad faith lawsuit can help a wronged policyholder or claimant recover the full and fair value of their claim, plus additional damages.
The Insurance Adjuster Offered Me a Settlement. Shouldn’t I Just Accept It?
Dealing with an insurance claim is not easy. The time after an accident, injury, or natural disaster will be difficult to navigate, and getting a settlement offer may seem like a blessing when you need it most. Even if the settlement seems reasonable, you should take a moment to make sure it’s truly in your best interests before you sign anything or deposit a check. Insurance companies are notorious for undervaluing claims. Instead of accepting the first settlement offer, involve an attorney who can review your policy, your claim, and the offer. There could be losses or expenses you haven’t considered yet, or additional coverage that you don’t know about. A competent lawyer can make sure the offer is reasonable. If it’s not, he or she can start negotiations to seek a fair and complete settlement—or take your case to court to be resolved by a judge.
Why Did Aetna Deny My Claim?
Aetna and other insurance companies deny claims for various reasons. While some may be valid, others may be acts made in bad faith–in an attempt to wrongfully deny or lessen benefits. Potential reasons for a claim denial include missing information, a wrongly filed or filled out claim, failure to pay premiums, and a fraudulent claim. If your claim was denied, find out why. Call your insurance adjuster and get an explanation. If you are not satisfied and cannot get the matter resolved, talk to an attorney about your next options. You should not let unethical and outright illegal practices by an insurance company jeopardize your future.
How Do I Know That My Claim Was Wrongfully Denied?
Only a thorough review and investigation of your claim will reveal whether it was wrongfully denied. If you suspect that you’re being mistreated by Aetna or any insurance provider, talk to a legal professional who has experience with disability claim denials and appeals. An experienced lawyer can read and understand insurance policy jargon and will know how to deal with Aetna so you are treated fairly. And if the company simply will not comply, your lawyer can take your case to civil court.
My Aetna Insurance Claim Is Moving Too Slowly. What Can I Do?
Some insurance companies use delay tactics to drag out a claim and eventually provide a low settlement or even an utter denial. If you are having trouble getting in touch with Aetna, have not heard back at all, or are experiencing other delays, it may be time to involve an attorney. At Arnold & Itkin, our insurance claim lawyers know how to put the right amount of pressure on Aetna and other companies to get them to give a claim the attention it deserves. We know their strategies and how to counteract them so our clients have the opportunity to receive fair, timely payouts.
Why Do Insurance Companies Act in Bad Faith?
Insurance companies may claim to care about their policyholders, but they are for-profit companies. They work day in and day out to protect their bottom line and keep shareholders happy. When they pay out more money than they receive, they lose. Some, in an attempt to keep profit margins high, will actively try to find ways to deny or delay legitimate claims. They may undervalue most claims to avoid large payouts. We need to teach them that this might work in the short term, but in the long run, they will lose more when they act in bad faith—because policyholders have the right to demand justice and full compensation.
What Are the Causes of New Mexico Motorcycle Accidents?
Every motorcycle accident is unique. However, most accidents have similar factors that cause them. By understanding these causes, drivers of larger vehicles and motorcyclists will better understand which precautions to take to prevent accidents. Drivers who simply "don't see" motorcycles, speeding, heavy weather, dangerous roads, defective bike and auto parts, and distracted motorists can all cause motorcycle accidents in New Mexico.
What Are Common Injuries After a Motorcycle Accident?
Motorcyclists are particularly vulnerable to injury when they are involved in accidents. While it is possible to sustain minor injuries or walk away with just a few cuts and bruises, that is rarely the case. Injuries caused by New Mexico motorcycle accidents include burn injuries, spinal injuries, road rash, broken bones, and amputation. Many of these injuries are catastrophic. Catastrophic injuries are injuries that cause a person's physical or mental function to decline. These often require a lifetime of medical care and harm an individual’s quality of life. Drivers who cause these injuries must be held accountable for the pain and loss they have caused in the life of others.
What Can I Do If My Insurance Company Is Acting in Bad Faith?
If you believe your insurance company is acting in bad faith, get your paperwork together, and talk to an attorney. Review your insurance contract and make sure you gather all documentation about your claim, then go over everything with an attorney who is experienced in these cases. You have the right to appeal a denied claim and to demand fair coverage for your injuries or losses. In moving forward with an insurance bad faith lawsuit, your attorney can pursue the full value of your claim, plus additional damages.
What Damages Are Available in an Insurance Bad Faith Lawsuit?
In filing an insurance bad faith lawsuit, you may be able to recover compensation for the full value of your claim, plus more. The purpose of the lawsuit is to compensate you for all losses and harm you’ve experienced because of the insurance company’s mishandling of your claim. It can even punish the insurance company for acting in bad faith. In addition to recovering the full value of your original claim, you may be entitled to interest, economic losses, damages for emotional trauma, statutory fines and penalties, punitive damages, and attorney's fees.
These damages are meant to help you recover from any and all harm caused by the insurance company’s actions. At Arnold & Itkin, we think it’s essential to maximize our clients’ recoveries, so they can truly rebuild and move on.
What Types of Injuries Do Oilfield Workers Experience?
Oilfield workers in New Mexico may experience catastrophic injuries if safety standards are overlooked, equipment malfunctions, or their co-workers or employers are careless. This can cause land rig accidents like fires, explosions, and other serious incidents that have the potential to cause life-altering harm.
Potential land rig and oilfield injuries include broken bones, injuries to limbs and extremities, burn injuries, back and neck injuries, toxic exposure, brain injuries, and more. Because oilfield worker injuries are often severe, they require extensive medical care and will often impact a worker’s ability to return to the field. This makes the swift recovery of compensation all the more important.
Why Do Companies Like Guardian Life Insurance Wrongly Deny Valid Claims?
Insurance companies make money when they receive premium payments from their policyholders, not when they pay out large amounts of money to claimants. They may see it in their best interests to proceed with caution when investigating and paying claims, and it is the policyholders who end up paying the price. Unnecessary delays, retroactively canceling policies, denying valid claims, and offering unfair claim payouts are all ways that an insurance company like Guardian may put profits over policyholders.
What Should I Do After an Oilfield Injury in New Mexico?
The most important thing you can do after an oilfield accident is to seek medical care. Get the treatment you need, from the doctor you want to see. Your employer may try to send you to a company doctor, but you have the right to seek treatment from the doctor or facility of your choosing.
After you get medical care, make sure you inform your employer of the incident and your injuries, in writing. Starting a record of your injury and keeping all applicable documents, receipts, and communication like emails or letters will help support your claim for compensation. As soon as you can, contact an attorney with experience in New Mexico oilfield accident cases. These are complex legal matters that require a complete understanding of state and federal safety regulations, oil and gas laws, and precedents set by case law.
How Do I Know if Guardian Life Insurance Has Acted in Bad Faith?
If you filed an insurance claim with Guardian Life Insurance and are having trouble getting the money you need, it’s possible that you’re being mistreated, or your claim is being mishandled. To prove this, your attorney will need to investigate the situation and find out if the company is acting in bad faith by failing to uphold the terms of your policy. Because we have a considerable amount of experience with disability claim denials and appeals, we at Arnold & Itkin can effectively determine whether unethical or illegal conduct is afoot. Our Guardian insurance claim lawyersmay be able to protect your right to fair benefits and hold Guardian accountable.
What Should I Do if I’m Having an Issue Recovering Disability or Life Benefits?
Policyholders have the right to trust their insurance companies will fulfill the promises in their policies. Disability income is particularly crucial because it offers a financial safety net. Life insurance helps a family get stability and support after the loss of a loved one. If your insurance company is not acting in good faith, you have the right to seek legal representation.
If you are dealing with any of the following at Guardian Life Insurance, contact our firm:
How Can Your Firm Help with My Oilfield Injury Claim?
Arnold & Itkin has a long history of representing oil and gas workers in the U.S. We’ve handled some of the biggest and most challenging cases in history, such as the Deepwater Horizon explosion, and have faced off against giants like Mobil, Transocean, BP, and others. When workers need help in the aftermath of serious land rig accidents, oilfield accidents, and offshore injuries, they turn to Arnold & Itkin. We have recovered billions of dollars in life-changing settlements and verdicts for our clients and are known for our intelligence and our willingness to do whatever it takes to see justice served. Our Albuquerque land rig accident firm is here to help. No matter what.
Why Do Amusement Park Accidents Happen?
Accidents and injuries at amusement parks happen when hazardous conditions are present, inadequate security measures are taken, and when rides or other equipment malfunction. Hazardous conditions may include anything from a poorly lit walkway to an uneven step that causes a slip and fall accidents. Inadequate security may lead to an assault or attack because park personnel were not present or did not respond to an incident. Equipment malfunction may include rides that crash, safety belts or restraint systems that fail, or other systems that are not properly maintained, inspected, or operated. Any of these situations can cause severe injury or even death.
What Responsibility Do I Have to Stay Safe at an Amusement Park?
Safety should be the number one priority for park owners, but sometimes they put profits over the well-being of those who visit their parks. When faced with a lawsuit, they may try to claim the victim failed to use proper caution or care. In these situations, you do have a certain level of responsibility to stay safe at an amusement park. This may include listening to park employees regarding ride safety, observing and complying with signs posted about hazards, looking where you are going while walking, and supervising your children. However, if you were reasonably cautious, complied with signs and employee requests, and you were still injured, you should be able to seek justice. There are also situations where your behavior should have no bearing on whether you are responsible, like a defective ride, gross negligence, or park employee misconduct.
Can You Sue an Amusement Park If You’re Injured?
If you were injured while visiting an amusement park, you may have grounds for a lawsuit against the park owner. This would probably fall under the category of a premises liability lawsuit for the park owner’s failure to maintain safe property grounds—if that was the cause of your accident. If a defective ride was to blame, the manufacturer of the ride could be held accountable. However, park operators can be liable for such incidents as slip and fall accidents, falls from rides, and even attacks or assaults by other parkgoers or park employees. They have an obligation to provide a reasonably safe environment for their guests, and if they fail to do so, they should be brought to justice.
Does My Insurance Company Have a Time Limit to Respond to Me?
Yes. When insurance companies don’t respond in a timely manner, they are acting in bad faith. Bad faith is a term used to describe and insurance company’s obligation to serve claimants who pay for their services. While not all delays are bad faith, many are signs that you need the help of an attorney.
What If My Insurance Company Is Delaying or Denying My Claim?
Insurance companies are businesses who focus on making a profit. Unfortunately, they attempt to make as much as possible by delaying or denying claims that they shouldn’t. For example, a company might delay a claim to make a claimant feel as if they had finally won once they finally receive approval for it. In other instances, insurance companies will deny a claim hoping that the claimant will accept defeat. Neither practice is acceptable, and our team is ready to help you if you’re facing one of these.
What If My Insurance Only Offers a Partial Payment?
Many times, insurance companies will offer someone a smaller payment than they deserve for a claim. They do this out of hope that the claim will be accepted, and they’ll be absolved of paying out any future costs associated with it. Speaking with our insurance claim lawyers can help you decide if your provider’s offers are fair.
Do I Have to Provide Information My Insurance Is Asking For?
If your insurance company is asking for information that it needs to handle your claim, you should provide it to them. However, if you feel like your insurance company is asking for irrelevant information to delay the claims process, you should speak with an attorney to determine if they’re using bad faith practices.
My Fire Damage Claim Is Stuck Because the Fire Is Still Under Investigation. What Are My Options?
Waiting for a fire investigation to finish can be difficult, especially when you’re waiting on the results of one to carry on with your life. When the cause of the fire hasn’t been determined, the claims process can come to a halt. Yet, just because things have slowed down with the fire investigation doesn’t mean that they need to. Working with a firm that’s familiar with fire investigations and insurance claims can help protect your interests during the investigation. Then, if the company offers an unfair settlement or denial, we’ll be ready to demand the compensation that you deserve.
What If I’m Not Satisfied with the Fire Repairs My Insurance Company Paid for?
When fire, smoke, and the efforts of responders damage your home, it’s the job of your insurance company to restore it and your belongings back to how they were before the incident. If you still smell smoke or are unhappy with the quality of the repairs done to your home, you might be entitled to additional compensation. Since insurance companies are required to restore your home to how it was before a fire, they are responsible for the shortcomings of any repairs they pay for. No one should be expected to live with shoddy repairs after a fire, and our team is ready to help you remedy the issue with your insurance company.
What Does Hurricane Insurance Cover?
How much an insurance policy for hurricane damage covers varies from case to case. Many policies only cover damages that happen to the structure of a home and its contents. Other policies cover things that aren’t attached to a home including sheds and garages. Many home insurance policies do not cover flood damage from hurricanes. Homeowners looking for flood protection will likely need to obtain coverage through the Federal Emergency Management Agency’s Flood Insurance Program. In our experience, insurance companies will try to use the narrowest interpretation of a claim possible. They’ll often try to deny coverage they should provide or attempt to split coverage in a way that minimizes how much they’ll pay a claimant.
Do Insurance Companies Really Try to Deny or Delay Valid Hurricane Claims?
Many people believe that insurance companies delay and deny claims to inflate their profits as much as possible. An insurer might delay a claim to frustrate a person into accepting an offer that’s lower than what they deserve. Or, an insurer might deny a claim hoping that a person will accept decision. In the aftermath of Hurricane Katrina, the Louisiana Attorney General filed a lawsuit that accused one insurance company of finding ways to minimize payments to claimants. The lawsuit claimed that the insurer "coerced their policyholders into settling their claims of damages for less than their value by editing engineering reports, by delaying payment and by forcing policyholders to litigate claims to receive full value.”
What Is an SIU Adjuster & What Does One Mean for My Hurricane Damage Claim?
An SIU adjuster is from a company’s special investigative insurance unit. Insurance companies assign these investigators when they suspect that a person has made a fraudulent claim or when they want to try and pressure a person into accepting a small settlement. If an SIU adjuster has called you regarding your hurricane damage claim, you should obtain the help of an attorney immediately.
Does My Policy Cover Wind Damage to Property Surrounding My Home?
The answer to this question depends on your insurance policy. Often, home insurance only covers damage to a home and the items inside of it. In some instances, a policy will also cover sheds, garages, and other detached structures. If your car was damaged by the wind, you’ll need to use coverage from your car insurance.
What if My Insurance Company Is Taking Too Long to Handle My Claim?
Investigating damage after a storm takes time, and many insurance companies use this to their advantage. If your company is delaying or denying a valid claim, they might be using bad faith practices to frustrate you into accepting less than you’re entitled to receive. If this is happening, call Arnold & Itkin. Having help from our attorneys will show your insurance company that its delay or deny tactics won’t be tolerated.
What if Wind Caused Water Damage to My Home?
Many people don’t realize that their wind insurance claim can involve damage caused by water. While homeowners insurance doesn’t cover flooding, it does cover damages caused by other types of water damage. Often, wind damages a home enough to drive rain into it, making water damage caused by wind something that should be compensated under many home insurance policies. If your insurer is falsely claiming that your home’s water damage is from flooding, call Arnold & Itkin LLP today for help.
Is a Class Action Lawsuit the Same as a Mass Tort?
No. While they seem similar, a class action lawsuit is not the came as a mass tort claim. Mass torts are similar to class action lawsuits because they involve multiple people filing a claim against the same party or parties. However, a mass tort involves people who were injured because of the same party in different ways. After a successful mass tort, plaintiffs receive compensation based on the unique circumstances of their case.
Why Do New Mexico Train Accidents Happen?
All trains are capable of massive destruction due to their speed and weight. While trains are typically regarded as the safest form of public transport, trains are run by people—and people can make mistakes, get distracted, or cause serious harm. Below is a list of the most common types of train accidents. Many train accidents occur as passengers are boarding or de-boarding the train or metropolitan rail lines. It is vital for employers and operators to follow the required safety procedures and to remain vigilant for the sake of passengers. However, railroad workers are just as likely (if not more so) to get injured while working in and around trains.
Is a Class Action Lawsuit the Same as MDL?
While multi-district litigation (MDL) cases appear quite similar to class action lawsuits, the two are different from one another. MDL is a way in which class actions can be consolidated for pre-trial purposes. When a particularly large lawsuit is brought before the federal courts, there’s a chance that it will be handled in multi-district litigation first. However, all cases are different. Speaking with our team will help you understand the specifics of your case and how courts might handle it.
Can Railroad Accidents Be Caused by Conductor Negligence?
Proper safety procedures could prevent most train accidents. Train conductors and railway workers must follow safety regulations. If they fail to do so, they put hundreds of people in danger. A conductor's negligence could cause a train accident if they operated the train while intoxicated, worked while on drugs or prescription medication, talked on a cell phone or texted, or engaged in any distractions while on the job.
What Is the Fujita Scale?
The Fujita scale is a system that’s used to rate how much damage a tornado caused. Notably, a strong tornado can have a lower Fujita scale rating than a smaller tornado if the latter caused more damage. While more than 80% of tornadoes in the United States are considered weak, it only takes one striking the right place at the right time to cause significant damage. If you have a home or business that was destroyed by a tornado, you’ll likely need to turn to your insurance for help.
Does Homeowners Insurance Cover Tornado Damage?
When a person needs coverage from floods or hurricanes, they usually need to purchase specific insurance policies. However, tornado damage is often covered by homeowner insurance policies. If you live in an area of Louisiana with a history of tornadoes, it’s wise to make sure your policy has enough coverage to account for the catastrophic damages associated with them.
What If My Insurer is Denying my Tornado Insurance Claim?
If your insurer is delaying or denying your tornado insurance claim, they might be practicing bad faith. Since insurance companies are businesses, they try to protect their profits by offering settlements that are low or denying them outright. In the end, their goal is to get a person to accept as little as possible for a claim. If you’re having trouble with your tornado damage claim, call an attorney as soon as possible. Doing so will place an advocate in your corner who will investigate your case, work to hold the insurance company accountable, and fight for the fair compensation that you’re entitled to through your policy. While nothing guarantees an outcome, working with a law firm will place an experienced team in your corner.
How Are Members of a Class Action Lawsuit Identified?
A court will help determine who is eligible for a class action lawsuit. If possible, qualified individuals will be notified by mail if they are eligible to join a suit. When contacting potential claimants isn’t possible, advertisements will be created to inform potential claimants of their options to join a class action lawsuit.
Is a Class Action Lawsuit a Good Option?
Class action lawsuits have a very specific purpose: to help people with small claims band together to hold a negligent or dishonest party accountable. While they sometimes have a reputation for not paying people large sums, many people ignore that’s their exact purpose. In most instances, a class action lawsuit enables those with small damages to file a claim when they wouldn’t otherwise be able to! A class action lawsuit is not the right choice for someone with significant damages or for someone whose case has many unique characteristics. In these instances, a person should consider joining a mass tort or filing a lawsuit individually. Speaking with a lawyer will help you decide what option is best for your circumstances.
Who Is Liable for My Injuries After a Truck Accident?
The individual or company that caused your accident should be held responsible for your injuries. This means that they could be made to pay you for your medical treatment, any ongoing care that you require, lost earnings and benefits, and more. You will have the burden of proving that the defendant or defendants acted or failed to act in such a way that they caused you harm. This may mean that they were negligent in loading a truck, were speeding, did not inspect truck equipment, or did something else that violated their duty to act with reasonable care in the circumstances. Intentional acts could also provide grounds for a truck accident lawsuit in New Mexico.
When Should I Call a New Mexico Big Rig Accident Lawyer?
We recommend talking to an attorney as soon as possible if you’ve been seriously injured in a trucking accident. You need to seek medical care and follow your doctor’s orders, but you may also find that you’re being bombarded by insurance adjusters or other parties who are more interested in getting you to accept an unfairly low settlement offer, sign a statement that says you’re to blame, or otherwise jeopardizing your rights. A New Mexico big rig accident lawyer can put a stop to all of this, handling all communication with the insurance company and others while you focus on healing.
Who Is Responsible for Concert Injuries?
The concert organizer, venue, band manager, performer, security personnel, and all other parties involved in the organization and management of a concert may be liable for accidents, injuries, or deaths. A full investigation will reveal why the incident occurred and who is responsible.
Who Is Liable for Concert Injuries?
Violence, sexual assault, and overcrowding are caused by improper crowd management or a lack of security personnel and proper security measures. Our concert injury attorneys believe that organizers, venues, and all other at-fault parties must be held responsible for failing to protect fans’ safety and well-being.
What Is My 18-Wheeler Accident Lawsuit Worth?
Each case is different, and the value of your truck accident lawsuit will depend on the severity of your injuries and their impact on your life. Catastrophic injuries like severe burns and spinal cord injuries will require extensive treatment and possibly ongoing therapy and care. Some injuries will limit your ability to perform normal activities or may render you unable to work. Your lawyer should consider every single expense, loss, and injury you have already experienced and may encounter in the future in order to determine the fair value of your 18-wheeler accident lawsuit.
Do I Need a Concert Injury Lawyer?
You should consider talking to a concert injury lawyer if you were seriously injured, if you are experiencing post-traumatic stress disorder or other emotional trauma, or if you lost someone you love in a concert disaster. With these cases, it’s about finding answers and holding reckless or negligent parties accountable. A skilled attorney can help you find out why it happened and can help you get the compensation you need for medical treatment, ongoing care, emotional trauma, and so much more. You may be able to get the support you need for life.
I Was Assaulted While Working on a Cruise. What Are My Rights?
If you were working on a cruise ship and experienced any type of sexual harassment or assault by a direct superior, fellow crew member, or passenger, you have the right to seek justice. Employers have an obligation to keep employees safe, and to address sexual harassment when it arises by taking reports seriously, conducting investigations, and appropriately disciplining the harasser. If the act was criminal, it should be reported to law enforcement. If you tried to report or speak out against harassment and were punished for it, you have the right to take action against your employer. Our attorneys can explain your rights and options to help you seek justice.
Who Is Responsible if I Was Sexually Harassed on a Cruise?
Whether the person who assaulted you was a crew member or another passenger, fault may lie with the cruise ship company. Cruise liners and their crews have an obligation to keep passengers safe, and that includes preventing unwanted sexual advances, physical assault, and more. If they failed to keep you safe, this could provide grounds for a successful lawsuit in which you could pursue financial compensation for your physical and emotional injuries, ongoing trauma, and even punitive damages if gross negligence or wrongdoing was involved.
Are Sexual Assault Cases on Cruise Ships Handled in Criminal or Civil Court?
A cruise ship sexual assault case can be filed in both civil and criminal court. Because sexual assault is a crime, the offender may face criminal charges and the possibility of jail/prison time. Because the person who was assaulted experienced harm, a case can also be filed in civil court against the offender and possibly their employer, as some instances of sexual assault and harassment can be traced back to negligent hiring policies or failures to perform background checks on crew members. With civil court cases, a victim has the chance to seek justice and compensation.
What’s the Difference Between Water & Flood Damage?
General water damage that damages a property usually occurs when water is introduced from any means other than flooding. In other words, natural disasters such as hurricanes cause flooding damage while water damage occurs from something like a burst pipe. Most homeowners insurance policies cover water damage but not floods. If you’d like flood insurance, you’ll likely need to purchase it from the National Flood Insurance Program.
I’m Having Trouble with My Water/Flood Damage Claim. What Should I Do?
If you’re struggling to receive the compensation that you deserve after filing a claim for water or flood damage, you might not be thinking of hiring an attorney yet. However, insurance companies delay and deny claims in the hope that people will accept little to no payment out of frustration. Often, these practices qualify as bad faith and are illegal. If your insurer is resisting a valid claim or is offering a low settlement, Arnold & Itkin can help.
How Much Is My Flood or Water Damage Claim Worth?
Every water or flood damage case is different and the value of one depends on the extent of damage and what your insurance policy is supposed to cover. Our team will carefully review your policy, investigate the damage, and pursue the compensation that you deserve rather than the low offer from your insurer. In some instances, we might be able to recover the full value of your claim and additional damages from your insurance company. Our goal will be to restore your property and finances to how they were before the water or flood damage.
Can I Sue My Child’s Daycare for Neglect?
If your child was seriously injured while at daycare, you might be able to sue—if your attorney can prove that the facility or a caregiver at the facility failed to provide a proper level of care or supervision. Another possibility is a failure to maintain reasonably safe property grounds. But, kids are rambunctious and can be injured in accidents even when they’re being properly supervised. Your attorney can work with you to complete an investigation that reveals exactly how and why your child was injured to shed light on whether the daycare can be held accountable.
What Should I Do After a Work Accident?
There are three steps you should take as soon as possible after any work accident or on-the-job injury. When you take these steps, you’ll be protecting your health and your legal right to compensation. You should: 1) Seek medical attention; 2) Inform your employer; and 3) Talk to a New Mexico work accident lawyer.
Particularly after a serious work injury, talking to a lawyer may make all the difference in your ability to get the treatment you need and the fair compensation it will take to get you back on your feet. You can even pursue the possibility of a third-party lawsuit against someone other than your employer or a co-worker who was responsible for your injuries, which can open the door to higher compensation.
What Does a Daycare Negligence Investigation Usually Involve?
When you sue for daycare negligence, the burden of proof lies with you, the plaintiff. That means that you and your attorney will need to show how the facility or a caregiver is responsible. In investigating and building a case, we’ll often work with investigators and accident reconstruction specialists to recreate the scene and see how the incident occurred. A playground accident case, for example, could be based on evidence that the equipment was not properly maintained or that the playset was not adequately visible to the person responsible for watching the child at the time he or she was injured. Photographs, witness testimony, and accident reconstruction can all prove liability in a daycare injury case.
Do I Have to File a Workers’ Comp Claim, Even If I Wasn’t Seriously Injured?
Even if you suffered minor injuries in an industrial accident or any workplace accident, it’s a good idea to seek medical care and file a workers’ compensation claim. You may even benefit from talking to an attorney to make sure you have a complete understanding of your options and rights. Some work injuries seem minor but end up impacting a workers’ life in many ways. In other scenarios, workers may spend hundreds or thousands of dollars out of pocket because they choose not to file a workers’ comp claim. Keep everything above the board and you will protect your right to the full compensation you need—and rightfully deserve.
How Should I Take Action Regarding a Daycare Injury?
In any case of alleged daycare negligence, the plaintiff bears the burden of proving that the harm to the child was the direct result of negligence by the daycare provider. The plaintiff must also show that the negligence led to some type of injury or damage, such as medical bills or emotional suffering, for which reimbursement can be claimed. It is important to have an experienced Texas lawyer on your side.day
In What Ways Can an Attorney Help After a Work-Related Injury or Accident?
An attorney can help after a work accident in many ways, by handling all communication with the employer and insurance provider, asserting the injured worker’s right to treatment from a doctor of his or her choosing, and filing and following up on a workers’ compensation claim Investigating the cause of the accident to determine third-party liability. An attorney can also file a personal injury lawsuit, when applicable, and fight for the full and complete. compensation a worker needs. Instead of focusing your energy on the frustrating and seemingly impossible process of getting the right treatment and fair financial compensation after a workplace accident, put your case in competent hands. Our New Mexico work accident lawyers can handle everything.
When Is it Possible to Use the Jones Act?
The Jones Act is a specific piece of coverage. Certain conditions need to be met in order to obtain compensation from this particular legislature. One needs to be a qualified seaman, show proof of both negligence in supervising staff and unseaworthiness in the ship, showing overall an inability to provide a safe workplace that directly led to the event of your injury or illness. The Jones Act may apply if your vessel’s equipment was insufficient or improperly maintained, your vessel was understaffed, your crew leaders practiced ill-advised work methods, or you or another crew member was improperly trained. Once these burdens of proof are met, the Jones Act provides compensation for a number of different expenses related to your injury.
What Accidents Does the Jones Act Help After?
There's no specific accident that the Jones Act applies to. Rather, the law is useful when the negligence of an employer or vessel owner causes a preventable accident. The Jones Act holds employers accountable for maintaining their vessels, taking safety precautions, and making sure workers are safe no matter how dangerous their line of work is. The Jones Act has been used to help workers after oil rig explosions, platform accidents, slip and falls, vessel collisions, orthopedic injuries, and catastrophic injuries.
While the Jones Act is often used after serious offshore accidents, it's important to realize that it applies to all sorts of incidents. For example, a worker who has sustained back injuries because his worker expected him to lift too much is just as entitled to use the Jones Act as a survivor of a significant oil rig explosion or disaster.
What Causes Electrocution?
Contact with live electrical equipment and wiring, overhead power lines, machinery, and appliances can cause death by electrocution. Most of these deaths can be traced back to failures to implement proper safety standards in the workplace. Improper grounding, miscommunication, defective wiring, or working near power lines are examples of situations that can cause electrical work injuries. In a non-work environment, people may be electrocuted due to defective products, faulty wiring, or downed power lines.
Who Can File a Wrongful Death Lawsuit in New Mexico?
In New Mexico, a wrongful death lawsuit must be filed by the personal representative, or executor, of the deceased’s estate. This is often the spouse, but it may be a different person who the deceased named as executor at an earlier date. If there is no personal representative named, the court will appoint one. Although it is essentially the estate of the deceased that files a wrongful death lawsuit, the proceeds of the case will go to the beneficiaries of that estate. Damages will be disbursed to the surviving spouse, children, and grandchildren based on applicable New Mexico Right of Representation laws. The best way to find out who should file and how to move forward with a wrongful death case is to talk to an attorney. We’re standing by to help!
What Should I Do If I Suffered Electrical Injuries?
If you are involved in an electrocution accident, the first priority should be to seek medical attention immediately, even if injuries initially seem minor. Electrocution can cause internal damage that is not immediately visible, so it’s crucial to have a thorough medical examination. Once health is stabilized, documenting the scene is important. Take photographs, gather witness statements, and collect any evidence that might support your case. Additionally, reporting the accident to your employer if it occurred at work is necessary for record-keeping and initiating any potential claims. Lastly, consulting with a qualified electrocution accident attorney in Houston is vital. They can guide you through legal proceedings, ensuring that you comply with Texas laws and maximize your potential recovery.
What Can the Jones Act Help Workers Receive Compensation For?
Unlike other pieces of legislature, namely the Death on the High Seas Act, the Jones Act may have the flexibility to reattribute injured workers and their families for every financial, emotional, or psychological loss stemming from the accident. Depending on the circumstances of your accident, these may include lost wages (past, present, and future), physical pain, mental anguish or trauma, medical expenses (past, present, and future), and disfigurement. In order to be compensated for these aspect of an injury, the court needs to rule that they are necessary. This is when an experienced and successful personal injury firm becomes vital to the success of your Jones Act claim.
Should I Talk to an Albuquerque Wrongful Death Lawyer?
As a family member or the personal representative of a loved one’s estate, you may wonder whether you should involve an attorney. The best thing you can do for yourself and your family at this point is to review your options with a knowledgeable legal professional. When you work with a skilled Albuquerque wrongful death attorney, you’re giving yourself the opportunity to find out why your loved one died and who caused their death. It is highly unlikely that the at-fault party will admit that they’re to blame and offer to pay medical bills, funeral costs, and the earnings your loved one can no longer make. An attorney with experience in wrongful death lawsuits can put the pressure on and help you seek complete compensation.
How Are Delays Linked to Bad Faith Practices by MetLife & Others?
If you’re disabled or have lost a loved one, you’re relying on the financial support that your disability or life insurance should provide. Delays in reviewing, approving, and paying your claim may be an indication that the insurance company is acting in bad faith. Delaying your claim can make you desperate, willing to accept lower than what your policy should pay. It can leave you discouraged and could even make you give up altogether.
If MetLife or another insurance company is taking a long time to respond to your calls, is delaying your payments, or is in any way acting unethically in regard to your insurance claim, don’t wait to involve a lawyer. It’s time to put pressure on the insurance company so you get the money you need.
What Is My Wrongful Death Case Worth?
The value of a wrongful death case will depend on several factors. This may include the cost of medical treatment, funeral or burial expenses, loss of future income and benefits, property damage, and any other losses or expenses that resulted from the at-fault party’s behavior. Damages may be awarded for emotional harm as well, like pain and suffering or loss of companionship. To find out the potential value of your case, talk to our New Mexico wrongful death lawyers at Arnold & Itkin. Your initial consultation is free and private!
What Can I Do if MetLife Is Unfairly Handling My Insurance Claim?
If you suspect that MetLife is not treating you fairly, you should talk to an attorney. Get your insurance policy information together and any other documents related to your claim, and schedule a free consultation with one of our experienced professionals at Arnold & Itkin. Our MetLife insurance attorneys can talk to you about what you’ve experienced and can go over your claim and policy to see whether your suspicions are correct. If you’re being victimized by unethical or illegal practices by MetLife or any party, we can take the appropriate steps to seek the full and fair value of your claim, plus additional damages.
What Does My MetLife Insurance Policy Cover?
What your MetLife insurance policy covers will depend on your specific policy. It may cover short term or long term disability, replacing a portion of your income while you’re injured (and for an extended period of time if you have long term disability insurance). It may provide medical or dental coverage, or it may provide support for loved ones if you pass on. By reviewing your policy, our team can determine what benefits you should be receiving.
When Can I Sue My Insurance Company?
It’s possible to sue an insurance company after they’ve committed something that is referred to as acting in bad faith. An insurance company is acting in bad faith when they do things like deny valid claims, misrepresent policies, and more.
Are Insurance Companies Required to Act Quickly?
Yes, insurance companies are required by the law to respond to claims within a reasonable amount of time. In Texas, a company has 15 days to acknowledge a new claim.
Why Is My Claim Being Delayed or Denied?
Insurance companies are businesses that want profits. Often, they’ll delay or deny a claim to protect their profits as much as possible. For example, an insurance company might repeatedly delay paying out a claim because they know that the claimant needs it. Then, they’ll offer a low settlement with the hopes that a person will accept it out of desperation. Sometimes, insurance companies will outright deny claims they know are valid hoping that the claimant will accept the denial. If your company is delaying or denying your claim, you need help from an insurance claim lawyer.
What Should I Do if Injured in an Explosion?
If you were injured in an explosion, the first thing to do is seek medical attention. You will also need to inform your employer (if the incident occurred while you were at work). Now, you should talk to a lawyer. Most firms, including ours, offer free consultations to talk to you about what occurred. We can help you understand what rights and options you have at this point, and even who could be held responsible. You probably have a lot of questions, and we can answer them all. Instead of wondering how you’ll pay for medical care and living expenses while you can’t work, trust a team of proven attorneys to handle everything.
I Lost Someone I Love in an Explosion. Who’s to Blame?
Every explosion is different. All are catastrophic, but they have various causes, and it is the cause that will determine who can be held responsible. If you lost someone you love in an explosion, whether it was a plant or refinery explosion, pipeline explosion, oil rig explosion, or any incident involving a forceful blast, fault may lie in the owner of the property, the manufacturer of a defective piece of equipment or other product, a worker, or a large corporation. Lax implementation of safety standards, old equipment, and untrained or careless work can all contribute to explosions. Our team can help you determine what caused your loss and who is legally responsible.
What Type of Compensation Can I Receive for Explosion-Related Injuries?
If you survived an explosion, you may have sustained catastrophic injuries like severe burns, broken bones, disfigurement, or head trauma. You deserve to receive full compensation for all of your injuries. An explosion injury settlement or award may include money for medical care, future treatment, emotional trauma, lost income, future loss of income, property damage, and possibly more. This can help you start to get your life together again.
Can Insurance Companies Be Penalized for Late Payments?
Yes. State laws exist that provide a limit on how long an insurance company must pay out a claim. If they’re late, they face penalties, interest charges, and other fees for the delay.
Are Insurance Companies Required to Respond to a Claim Quickly?
Yes. Insurance companies are required to respond within a “reasonable amount of time” to a claim. If they delay responding to a claim for too long, they are acting in bad faith. For example, in Texas, state law requires insurers to respond to a claim within 15 days of receiving it.
Why Do Insurance Companies Delay Claims?
If you feel like your insurance company is purposefully taking as long as legally possible to handle your claim, it’s likely because they are. Delaying claims is an old insurance tactic that’s designed to frustrate claimants and place stress on them because of their need for money. Insurance companies hope that delaying a claim will get a person to accept a lower payment out of desperation. If you think your insurance company is using delay tactics, you should speak with an insurance delay lawyer as soon as possible.
What Are the Common Causes of Oil Rig Accidents?
Oil rig accidents can often be attributed to a variety of factors, primarily including human error, equipment malfunction, and environmental hazards. Human error frequently results from insufficient training or misjudgment during critical tasks. Equipment malfunction is a significant factor as well, often stemming from inadequate maintenance or outdated machinery. Environmental conditions, such as extreme weather or unstable geological formations, can exacerbate the inherent risks of oil drilling. In Baton Rouge, where oil and gas operations are integral to the regional economy, it's especially vital to identify these causes to implement effective safety protocols. Understanding these common causes aids not only in prevention but also prepares workers and companies to take immediate corrective actions, thereby reducing the frequency and severity of oil rig accidents.
How Do Louisiana Laws Impact Oil Rig Accident Claims?
Louisiana's laws governing oil rig accident claims are complex, weaving through state-specific regulations and federal guidelines applicable to maritime activities. The state follows a contributory negligence rule, which means the compensation an injured worker can receive may be reduced if they are found partially at fault for the accident. Additionally, the Jones Act, a federal law, applies to some offshore workers, providing them with the right to seek compensation from employers for injuries due to negligence. Understanding these laws is crucial for any claim related to oil rig accidents in Baton Rouge.
How Do I Know Who Is Responsible for My Accident?
In most cases it will not be obvious who is at fault for your injuries because negligence is not a direct action. Most people only see the consequences rather than the negligence itself. Our job is to investigate your case with other industry experts to accurately determine who is at fault for your injuries. One or more parties could be at fault—regardless of whoever is found responsible, we can help you develop a case.
How Quickly Do I Need to Turn in My Claim?
If an insurance holder has lost property in a fire, he or she must give a written notice to their insurance company without unnecessary delay. This means that you, as an insurance holder, must notify your insurance company about the losses you sustained as soon as possible. You do not have to know all that you have lost at this point, you just need to tell the company that you have expected losses due to a fire.
After you inform the insurance company, you only have 60 days to turn in an official “proof of loss” portfolio. This means you will turn in the evidence of all the damage your property sustained from the fire, the list of estimated costs of all your burnt items, and the verified proof that substantiates these claims all within 2 months of the initial incident. So, in short, speed is essential to your claim.
How Long Do I Have to File My Oil Rig Injury Claim?
Different states have different statutes of limitations for oilfield cases. In Louisiana, the statute of limitations is two years from the date of injury if the incident occurred on or after July 1, 2024. If the accident occurred before this date, the statute of limitations is one year from the date of injury.
What Are the Different Policies That I Could Have?
A homeowner can potentially have four types of fire insurance coverage. Dwelling coverage insures the house itself. If a wall, roof, and other portions of the actual house structure are damaged in a fire, dwelling coverage should protect it. Other structures coverage insures any structures on a property that are not the house. Structures such as detached garages, workshops, guest homes, etc. should be covered. Personal property coverage insures the actual items in your house, in other structures, and on your property. Loss of use coverage insures additional living expenses you might face due to the fire damage in your home. This should cover hotel expenses if your family’s house is uninhabitable and you must live out of a hotel while waiting for repairs. It will also cover “lost rent” if you had a tenant living in your home when the fire damaged the property and made it uninhabitable.
When Will My Case Go to Court?
There are cases that don’t need to go to court because they are settled outside the courtroom. Our firm will pursue a settlement outside of court if your opponent makes an offer that is fair to you. However, we are not afraid to pursue a court case if the defendant is not willing to settle for a proper amount.
What Kind of Payout Can I Expect for My Home?
Your home is typically insured at its "Actual Cash Value" (ACV). ACV isn't what you paid for your home but its current value, which depreciates over time, similar to cars. A 10-year-old house's ACV will be less than a 2-year-old one due to depreciation. An insurance payout based on a home's ACV may not cover the rebuilding cost, as newer materials often cost more. For instance, an older computer's sale price won't match the cost of a new one.
If your home has partial damage, like from a fire, you might qualify for replacement cost coverage, which pays for repairs without factoring in depreciation. So, if you repair a fire-damaged roof, you'd receive the full repair cost, regardless of the roof's age before the fire. This payout principle applies whether your home is 10, 2, or 25 years old. Remember, the coverage applies up to your policy limit. If the ACV or repair costs exceed this limit, the insurance won't cover the excess.
Is There Anything an Insurer Must Do in My Claim Process?
By law, you must meet specific deadlines for insurance filings to get full compensation. Similarly, insurance companies are legally obligated to treat your interests on par with theirs, meaning they should handle your claim as they would their own concerns. If insurance companies prioritize their needs over policyholders', they risk legal consequences. In court, ambiguous insurance terms like “fair” or “reasonable” often favor the policyholder. For instance, if a policy says insurers will extend the filing deadline under "reasonable circumstances," the definition of "reasonable" would need court clarification. Due to such nuances, it's advisable for those in California to not handle fire insurance claims without adequate legal expertise.
If I’m Found Partially at Fault, Is There Still Hope?
Yes—there is still the possibility of presenting a comparative negligence (or percentage of fault). For example, if you were found 20% responsible, you may only seek up to the amount of compensation that the other party was found liable for. If this were a case where there was a $1 million recovery, you could get up to $800 thousand.
What Happens When an Adjuster Comes to My House to Look at Property Damage?
If you filed a property damage claim, the insurance company will send someone to inspect your property. This is the insurance adjuster, and you need to remember that he or she works for the insurance company. They may seem friendly enough, but they do not work for you. They are there to see what the insurance company will need to pay for your claim, and part of their job is to limit their employer’s expenses. This means a lower payout for you–if you’re not careful.
The insurance adjuster will inspect your property to see what was damaged. He or she will also ask you questions about the damage and what condition your property was in before the damage occurred. Having an attorney at this stage of your claim can be very helpful. You need to be prepared for the adjuster and should have the right documentation so you get the fair value of your claim. A skilled attorney can protect your interests during every part of your property damage claim.
Do I Need an Attorney to Help With My Property Damage Claim?
This is a question that you’ll ultimately have to answer for yourself, but if you are experiencing any delays or problems with your property damage claim, or if you have a claim involving a significant amount of damage, you will probably benefit from an attorney’s help. An experienced insurance claim attorney will know how to deal with delays and will know how to recognize bad faith practices that are violations of your rights. With the right representation, you can seek a settlement that covers all your property damage.
If you’ve been the victim of bad faith insurance practices, you may be able to file a lawsuit to recover the full value of your property damage claim–plus damages.
Who Is Responsible for Repairing My Condo?
In the event that your condo undergoes damage from a natural disaster or sustains another type of serious damage, you may be wondering who is responsible for getting your property back to the way it was. If your condo was damaged then maybe your neighbor’s property was also damaged, since you share a property with other people in a communal living arrangement. Be familiar with your particular condominium association and find out who has property insurance rights and who is required to do what in the event of a disaster that causes damage.
Why Is My Claim Taking So Long?
Insurance companies often delay claims to pressure policyholders into accepting a low settlement. In other cases, they may even deny a claim at the end of a long process because policyholders statistically give up after a long wait. Most people just want the situation to be resolved. Delayed payment is part of a documented effort by the insurance industry to increase their profits, which has fueled the industry’s transformation from a service model to a profit-generation model.
Why Would I Want a Lawyer to File My Claim?
The fear of a trial often compels insurance companies to handle claims honestly. Having a lawyer file your claim gives your insurance company a choice: treat you fairly or deal with litigation.
How Long Does a Business Interruption Claim Usually Take?
On average, a business interruption claim takes between several months to a little over a year. Business interruption claims require a great deal of documentation to prove.
What Is the Texas Prompt Payment Act?
The Texas Prompt Payment Act of 2003 requires insurance companies pay out claims within 60 days of receiving the forms, statements, and anything else required for a claim. The law also provides penalties for companies that provide an on-time payment that is lower than it should be.
What If My Insurance Company Is Late Paying Me?
Depending on how late a company is, they have to pay a fine and a percentage difference between what they paid and what they were supposed to pay. For example, a company that’s between 46 and 91 days late may have to pay a $200,000 fine and 100% of the difference. Additionally, insurance companies must pay 18% interest for late payments.
What Do I Do If My Insurance Company Is Delaying Payment?
Insurance companies are required to pay a claimant in a timely manner. If they fail to do so, they are acting in bad faith and are possibly breaking the law. Contact an insurance claims lawyer from Arnold & Itkin can help you determine what options are available to you.
What Does an Insurance Claim Do?
Insurance claims protect people from financial ruin after an accident or disaster. At its most simple, the definition of an insurance claim is “a formal request for money after a major loss.” When an insured object has been damaged, stolen, or rendered unusable, insurance claims allow people to get back the value of that thing without suffering a massive setback. The largest assets in our lives, like cars, homes, or health, are too expensive to replace out-of-pocket for most people. Insurance claims are a way for people to mitigate that risk, to minimize the impact of disasters or accidents on their lives. Insurance claims allow regular people to protect their livelihood when life takes a turn for the worse. Minimizing the impact of a disaster allows people to move forward.
What Is a “Bad Faith” Insurance Claim?
A bad faith insurance claim is any claim where the insurance company is not doing its duty to investigate your claim quickly or thoroughly, or refusing to pay a legitimate claim. Because the insurance industry is so bound up in public interest, the industry is highly regulated. Insurance companies are bound by law to investigate claims as rigorously as can be reasonably expected. They are expected to investigate claims in a timely manner, and upon investigation, provide payment of any legitimate claim. Failure to do so is considered “bad faith” under the law.
How Do I Know If My Insurer Is Treating Me Fairly?
Well, the most obvious way is this: if you were denied compensation despite the damage or loss of an insured asset, your insurance company is not treating you fairly. Here are other signs that your case is not being handled honestly: (1) they offer you money on the condition that you don’t call an attorney, (2) they offer you far less than what you need to recover your losses, or (3) they change claims adjusters on you frequently, forcing you to start your claim over.
How Do I Know if I Was Underpaid for My Insurance Claim?
If you received a settlement offer or were already paid by your insurance company, but you suspect this isn’t enough to cover all your losses, it’s possible that your claim was undervalued. This tactic is used by some insurance companies to try to avoid high payouts without drawing the attention that an outright denial would bring. Instead of accepting this for what it is, talk to a Texas insurance claim attorney. Get an independent inspection of your property or analysis of your claim to see if your suspicions are correct. Your settlement should cover all of the losses you’ve experienced, to your policy limit. If your insurance company has acted in bad faith and underpaid you, you could be entitled to the full value of your claim–plus damages.
What Recourse Do I Have if the Insurance Company Underpaid My Claim?
For months, years, or even decades, you’ve faithfully paid your insurance premiums. So, what can you do if the insurance company underpaid your claim? If you already accepted the payment and your claim was essentially resolved, you may still have grounds to pursue its fair value. You’ll need to prove, however, that you were underpaid. This is where a skilled attorney can make a big difference. It’s possible that you’re one of many claimants who were underpaid by the same insurance company, and you could be part of a class action. Or, you could have grounds for an individual lawsuit against the insurer. Either way, an attorney who knows these cases can protect your interests and help you get the money you deserve.
Why Do Insurance Companies Underpay Valid Claims?
It’s simple: insurance companies make money by collecting premium payments from policyholders, not by paying out claims. They need to minimize payouts in order to keep profits high. Some insurance companies take this too far and breach their obligation to act in good faith in handling claims. They underpay because claimants are less likely to come forward and dispute the matter, or even realize that they should have received a higher payout. Although insurance companies have the right to investigate claims to make sure they’re valid and that payments are fair, they should not take it too far by actively trying to find ways to undervalue legitimate claims. When they do, our firm stands ready to see justice served.
What Happens When a Plant Explodes?
Plant explosions are catastrophic events involving chemical spills and reactions that release heat, fire, and toxins through an initial, forceful blast. They can injure dozens of workers and may claim many lives. Depending on the type of plant and what substances are released into the air and water after an explosion, nearby residents, businesses, and communities may also be affected. The environmental impact of a Louisiana plant explosion may be long and widespread.
What Should I Do After a Plant Explosion?
If you were working at a Louisiana plant during an explosion, you need to act fast and seek medical attention. With plant explosions, you could be at risk of suffering serious harm from whatever chemicals and toxins were released into the air, that came into contact with your skin or clothing, or that have affected the water and soil in the area. You should also talk to an attorney about your rights. You may be able to recover money for your medical care and lost wages from a workers’ compensation claim, plus additional damages from an injury lawsuit. Recovering full benefits will make all the difference as you work to put the pieces back together after an explosion.
How Can Your Firm Help Me After a Louisiana Plant or Refinery Accident?
Because plant explosions and refinery accidents cause so much harm, they are a top priority for our firm. Our team believes in exposing the acts of negligence, safety violations, and wrongdoing that cause accidents at chemical plants and refineries. We’ve successfully represented hundreds of hard-working men and women who have seen their lives forever changed as a result of plant explosions and other catastrophes. We’ve fought tirelessly for families who have lost loved ones in these entirely preventable accidents. Our Louisiana chemical plant accident attorneys are known for getting results, and we’re ready to see how we can help you.
What’s The Difference Between Water Damage & Flood Damage?
Generally speaking, a standard water damage claim involves damage to a residential or commercial property that was caused by water–not a natural disaster like a flood. A plumbing issue, leak, or rain could cause serious damage that would be covered by your insurance policy. Flood damage, however, would need to be covered by the National Flood Insurance Program. Understanding the difference can help you find out whether your damage is covered and what you can do to get your property restored.
I’m Having Trouble Getting My Flood Damage Claim Paid. What Can I Do?
If you filed an insurance claim for flood damage or any type of water damage, you may not immediately think of hiring an attorney. If you’re experiencing constant delays or feel like you’re getting the runaround, however, you could be dealing with bad faith practices by the insurance company. The same may apply if your claim was denied outright or you were offered a settlement that doesn’t even begin to cover the full extent of damage to your home or business. In the face of delays, denials, or lowball settlement offers, you can turn to our team at Arnold & Itkin for experienced insight. We offer a free initial consultation to see how we can help.
What Is My Texas Flood Damage Claim Worth?
The value of your claim will depend on the extent of damage and what your insurance policy covers. By carefully reviewing your policy, we can determine what should be covered and can pursue the full extent of compensation to which you’re entitled. If you’ve been subjected to bad faith practices by your insurance provider, we may be able to recover the full value of your claim, plus additional damages. The goal will be to return your property and financial situation to where they were before the flood or water damage.
Who Much Does It Cost to Hire a Pasadena Personal Injury Lawyer?
Many people are fearful that hiring a lawyer is not an option for them because doing so is too expensive. When it comes to personal injury cases, this is not true. At Arnold & Itkin, we work on something known as a contingency fee basis. This means that we cover the costs associated with a case and only collect a payment if we earn results for a client. In other words, hiring us costs nothing up front and is affordable for people in any financial situation.
What Does Being a Trial Lawyer Mean?
Being a trial lawyer means that we’re ready to take the other party to court if they aren’t being fair. Most cases end in out-of-court settlements. While settling out of court isn’t a bad thing, it also means that many Pasadena injury firms rarely—if ever—work inside of a courtroom. Since we have an extensive history of earning verdicts through trials, we’ll always be ready to fight for the compensation that clients deserve rather than the compensation they are initially offered. Our record also means that the other party will know you have a law firm that’s ready to counter their dishonest tactics should they decide to try and use them. Hiring a trial lawyer can also help provide you with more options, create leverage during settlement negotiations, and prepare your case for all scenarios.
Is There a Time Limit of Pasadena Personal Injury Claims?
Yes, the state of Texas requires personal injury claims to be filed within two years of the date they occurred. Because of this statute of limitations, it’s important to contact a lawyer as soon as possible. Doing so will help provide the time your case needs for success. If you’re close to meeting the deadline for being able to file a claim, contacting our team as soon as possible is crucial for your recovery.
Is a Mass Tort the Same as a Class Action Lawsuit?
No. Class action lawsuits enable people with similar damages to seek compensation from the same party. Mass torts enable people with damages from the same party or parties file a consolidated claim while seeking different amounts of compensation. Additionally, mass torts always involve injuries while class action lawsuits involve many types of legal issues. A class action lawsuit is focused on getting the same results for many people and mass torts can produce different results for all involved. Often, class action lawsuits are used for lower value cases where each person involved wouldn't have enough of a claim to pursue individual compensation.
Are Mass Tort Results Shared by Plaintiffs?
No, mass tort plaintiffs do not split any result they obtain from their case. This is because mass tort verdicts and settlements are handled on a case-by-case basis. In some instances, a mass tort can result in a settlement offer for all involved with it. However, a plaintiff can decide if they'll accept this offer or pursue additional compensation. This is different from class action lawsuits that have plaintiffs split any settlement or verdict.
Why Are Mass Torts Filed?
Mass torts are useful when individuals are suffering because of the same reason. Filing many cases at once can slow down courts and make the process less efficient for plaintiffs. During a mass tort filing, something known as multi-district litigation can help gather evidence and inform others about the potential value and legal standing of their case.
I Was Injured Offshore. Do I Need to See the Company Doctor?
If you were injured in an offshore accident, your employer may ask you to see the company doctor. They may even try to pressure you into signing a statement that says you are well enough to return to work, or they may tell you that you cannot seek medical attention elsewhere.
You should know that offshore workers have the right to seek medical care from where they desire. You are not required to see the doctor that your employer wants you to see. You can seek a second opinion. Your health should come first, and that means seeking care from the doctor, facility, or specialist that’s right for you. If you have more questions about seeking medical care after an offshore injury, our Louisiana attorneys are standing by to help.
What Is My Offshore Injury Case Worth?
Every case is different. Some offshore workers may have Jones Act claims and others may be entitled to compensation through other legal means. At Arnold & Itkin, we take care to understand the approach that is right for an injured crew member’s case. We look at the true and complete impact that an offshore injury has had on our client and his or her family. We take everything into consideration because it takes everything to try to rebuild and find stability after a catastrophic injury. The value of your claim may be based on medical expenses, physical and occupational therapy, the cost of ongoing treatment and care, lost earnings and benefits, loss of future earnings, and the pain and suffering you’ve endured. Your employer may try to put a price on the trauma you’ve experienced, but this is impossible. Holding them accountable and recovering a fair settlement or award is the only thing that can bring peace of mind and an assurance that you’ll be taken care of for the rest of your life.
What Offshore Injury Cases Has Arnold & Itkin Handled?
Our firm has taken on some of the largest offshore cases in history–and won. We represented one-third of the Deepwater Horizon crew and three of the widows of the El Faro sinking. We’ve fought for workers who have suffered life-changing injuries in all types of offshore accidents. In all, our Louisiana offshore injury law firm has recovered over $20 billion for people in all walks of life who have been injured or have lost loved ones because of the negligence and wrongdoing of others.
What Causes Birth Injuries?
Many different things can cause birth injuries. One common cause is mechanical instruments such as vacuums, scalpels, or forceps. These instruments are often used during the delivery process and can lead to lacerations or abrasions if the surgeon does not use proper care. Depending on the size of the laceration or abrasion, the baby could require stitches to close the wound. Additionally, the wound could become infected, which can be a severe danger to a young baby with an underdeveloped immune system.
How Do I Know if Malpractice Was Involved?
Medical malpractice may have occurred if a doctor fails to respond to bleeding; fails to observe and respond to fetal distress; delays a necessary cesarean section; inappropriately administers drugs during labor; provides any other form of inadequate or poor caring during labor, delivery, or aftermath; and fails to anticipate birth complications related to the baby's size or the mother's health.
What Are the Effects of Birth Injuries?
Birth injuries can have severe and life-altering effects for both the child and the parents. Depending on the nature and severity of the injury, the baby could require lifelong medical care that can put the family in devastating economic hardship. In addition to the physical challenges, children often face emotional and cognitive challenges.
How Do I Know If a Surgical Error Was the Cause of My Injury?
Any surgery has risks. Patients need to be informed of these so they can make their own decisions as to whether they want to proceed, and in many cases, they choose to move forward because the benefits outweigh the risks. When a patient experiences an adverse event during or after surgery, it will be necessary to determine whether it was preventable or an inherent risk. For example, if a patient has never gone under general anesthesia and has an allergic reaction, this may be unavoidable and may have occurred through no fault of the doctor or anesthesiologist. If the patient’s medical records stated that he or she was allergic to the anesthetic, however, and it was still administered, this may be malpractice. Only a complete investigation and review by qualified experts will shed light on what caused a surgical injury and whether the surgeon, anesthesiologist, hospital, or another individual or entity is to blame.
Why Do Preventable Surgical Errors Occur?
Surgical errors happen when medical professionals fail to provide a standard level of care in the circumstances and with the equipment at hand. They also happen when surgical equipment malfunctions because it is defective or is not properly maintained. Surgeons, surgical nurses, anesthesiologists, surgical assistants, surgery centers, hospitals, and other medical professionals and facilities are held to the highest standard when it comes to patient care. Our attorneys believe in holding them to this standard. We fight for patients injured by surgical errors so they can recover the compensation they need to put the pieces of their lives back together.
What Should I Do if I Was the Victim of a Surgical Error?
If you or someone you love has suffered as the result of a surgical error, you should talk to an attorney. These are very complex cases involving medical procedures that must be properly analyzed and investigated. The hospital or medical professional will try to deny liability, and you must be armed with evidence that shows fault and the harm you have experienced. At Arnold & Itkin, our team has the resources and experience to handle surgical injury cases with the professionalism and attention to detail that they deserve. We know you’re facing a long and difficult road ahead, and we’re here to lighten your load. We can help you get the help, care, and support you need.
Is MDL the Same as Class Action?
Multidistrict litigation (MDL) is not a type of class action, although class actions are often litigated in MDL proceedings. A class action is a type of lawsuit involving a group of people with the same or similar against a defendant. They file a single lawsuit against the defendant, as a group. Multidistrict litigation involves the transfer and consolidation of all pending civil cases of a similar type to one federal judge.
Why Was Multidistrict Litigation Created?
The Judicial Panel on Multidistrict Litigation was created in the late 1960s in response to a situation that involved nearly 2,000 related cases across 36 districts that alleged an antitrust conspiracy involving manufacturers of electrical equipment. The courts were ill-equipped to coordinate with one another to handle these cases, so a solution was devised to consolidate complex, related cases filed in multiple districts. Seven judges sit on the panel, presided by a chairman. The panel is responsible for reviewing and assigning cases for multidistrict litigation.
Why Do I Need an Attorney Experienced with MDL?
When a civil lawsuit is transferred to a federal judge by the Judicial Panel on Multidistrict Litigation, you need to be certain that your attorney can effectively protect your rights. MDL proceedings are unique and involve complex rules, deadlines, and procedures. Discovery and pretrial matters must be properly navigated. You need an attorney who understands MDL and even when to avoid having a case removed to federal court where it would be subject to multidistrict litigation. At Arnold & Itkin, we have extensive experience with multidistrict litigation and fight to protect our clients’ rights every single step of the way.
Who Can Be Held Responsible for an Ambulance Accident in Louisiana?
Legal responsibility for an ambulance accident will fall with whichever person or company caused it to occur. Sometimes, more than one party can be responsible. An investigation of the accident will reveal its contributing factors, which will in turn expose fault. For example, take a Baton Rouge ambulance accident that leaves the patient in the back of the ambulance and the occupants of another vehicle with serious injuries. An investigation into the collision reveals that the ambulance driver was looking at his phone instead of the road. He then ran a red light and struck another vehicle head-on. In this case, the ambulance driver clearly caused the collision. He and the company he works for may be held responsible for all the victims’ medical bills, lost earnings, and more.
What Are Some Potential Causes of Ambulance Crashes?
Like any traffic accident, an ambulance accident may be caused by driver negligence, defective auto or ambulance parts, or roadway hazards. Distraction and these other forms of negligence can be particularly dangerous with ambulances because they travel at high speeds in emergency situations, carry injured or ill passengers, and must work their way through traffic. At Arnold & Itkin, we’re committed to helping victims of these collisions get the medical care and financial help they need to move on.
How Do I Know if I Need a Louisiana Ambulance Accident Lawyer?
If you were seriously injured, you should talk to a lawyer about your options. You are not required to hire a lawyer to handle your claim, but if you have medical bills that are piling up and cannot work to pay them, you will benefit from recovering fair and full compensation for your injuries. The same applies if you are experiencing delays or were offered a low settlement that doesn’t cover your losses. Talk to a lawyer who knows the ins and outs of ambulance accident claims. Talk to our team and find out what we can do to help you get your life back in order. We can handle everything while you focus on healing.
Why Do Industrial Accidents Happen?
Accidents happen for many reasons. Sometimes, machinery wasn’t properly maintained. Other times, workers weren’t properly trained to make sure operations are smooth. Other incidents happen when a perfect combination of events trigger an accident. While all industrial accidents are different, they usually share a common characteristic: the negligence of a responsible party.
Industrial injuries may be caused by defective tools, equipment, or machinery, lack of proper personal protection equipment, poorly designed machinery or equipment, lack of maintenance/improper maintenance, lack of adequate training and supervision, unsafe storage methods, lack of proper ventilation, and overwork or fatigue.
What Types of Injuries Are Caused by Industrial Accidents?
These injuries aren’t just painful, they cause a person to experience hardships from medical debt, lost wages, and more. If a person is suffering from an industrial accident, they deserve the compensation required to get their life back on track. This is what we fight for when a person turns to our Pasadena industrial injury lawyers for help.
How Much Does Hiring a Pasadena, TX Personal Injury Lawyer Cost?
At Arnold & Itkin, we make our services attainable to anyone because we work on something known as a contingency fee. When we accept a case, we cover all costs associated with it and will only collect a payment if we win results in it. This way, our clients don’t have to worry about additionally financial strain and know that we’re as invested in results as they need us to be.
What Are the Main Causes of Pedestrian Accidents?
Distraction and alcohol use are two of the leading causes of pedestrian fatalities in the U.S. According to NHTSA statistics, nearly half of all fatal pedestrian accidents involved alcohol — either on the part of the pedestrian or the driver. Distraction may include any behavior that takes a driver's attention from the road, such as texting, eating, drinking, adjusting the radio or a navigation system, or even shaving or applying makeup. It only takes a moment of inattention to cause a serious accident involving a pedestrian.
If It Was an "Accident," Who's Responsible for Hitting a Pedestrian?
Even "accidents" have specific causes. An investigation into the circumstances leading up to a pedestrian accident will reveal exactly what caused it in the first place, and it will reveal who is responsible. This may be a driver who was looking down at their phone and did not notice a pedestrian in a crosswalk. It may be a truck driver who fell asleep at the wheel, veered off the road, and struck a pedestrian on a sidewalk. It may be a manufacturer that created faulty brakes, preventing a driver from stopping in time to avoid a pedestrian. When our Houston pedestrian accident lawyers take on a case, we work tirelessly to find out what happened and why.
Are Pedestrians Ever at Fault?
In some cases, a pedestrian could be partially responsible for an accident, but this is rare and will depend on the unique circumstances. Motorists must watch for pedestrians everywhere and at all times. They must take extra care when backing up out of a parking space or driveway, where pedestrians are more likely to be present. They must also take extra care at crosswalks and intersections and must yield the right of way to pedestrians at these places. It only takes a moment of carelessness for a driver to strike a pedestrian.
What Is My Pedestrian Accident Case Worth?
Each pedestrian accident case is different, and the value of yours will depend on several factors. The severity of your injuries, medical expenses, the cost of ongoing care, any lost earnings, and the continued impact that your accident will have on your life may all influence what your case is worth. With any pedestrian accident lawsuit, the goal will be to recover a settlement or award that helps you rebuild and move on.
How Long Do I Have to File a Claim After a Plant Explosion?
Every state has its own statute of limitations for personal injury, product liability, and wrongful death lawsuits related to plant explosions. In Texas, you have two years from the date of your injury to file suit. If you were injured while working at a plant or refinery, however, different deadlines apply. You need to inform your supervisor, manager, or foreman within 30 days of the incident. You then have one year from the date of the explosion to file a workers’ compensation claim.
Why Do Plant & Refinery Explosions Happen?
The nature of the work at a chemical plant or refinery is inherently dangerous, but this is not enough of an explanation as to why explosions and other catastrophes occur. While the details may vary, most have one common thread: someone has put profits over safety. Delayed or rushed turnarounds, lax safety procedures, failures to repair or replace aging equipment—these things endanger the lives of every single worker at a plant or refinery. Companies cut corners and disregard safety standards to try to make more money, but Arnold & Itkin holds them accountable in civil court. This helps the victims recover and rebuild their lives, and it shows these large, for-profit companies that it is not cheaper to ignore worker safety.
How Long Will My Plant Explosion Case Take?
It’s impossible to say exactly how long any given plant explosion lawsuit will take because there are so many variables at play. Some cases settle relatively quickly, while others require lengthy courtroom battles to see justice served. It could be a matter of months or sometimes years for a case to be fully resolved. At Arnold & Itkin, we know you need support through the duration of your lawsuit. That’s why we’re there to assist you in getting the medical care and financial help you need, even if your case has not yet settled or resolved.
How Long Do I Have to File a Lawsuit After a Car Accident?
The statute of limitations to file a lawsuit after a car accident in Louisiana is two years after the incident if the accident occurred on or after July 1, 2024. If the accident occurred before this date, you have just one year to sue for damages. However, you shouldn’t let time discourage you from calling a lawyer. If you were recently in an accident, getting help as soon as possible is in the best interest of your case. If you think it’s too late to file a lawsuit, you should still call our Louisiana car crash lawyers for a free consultation. We are here to help you decide what’s possible.
What Can I Recover With a Louisiana Car Accident Lawsuit?
If you were injured, you may experience an overwhelming amount of uncertainties. Not only is your vehicle damaged, but your physical mobility may even be called into question, which may lead to an inability to work. This is something of a double-edged sword; as your medical bills are piling up, you have lost the ability to work to pay for them. We at Arnold & Itkin are here to help with these exact problems. Our team fights for the compensation that clients need to move forward. We’re prepared to fight for the justice you deserve.
What Can a Lawyer Help With After a Car Accident?
Our Louisiana car accident lawyers will focus on helping you recover all losses associated with a car accident. Common things people deserve compensation for include medical bills, lost wages, the cost of future care, and pain and suffering. Our attorneys fight to make sure a person has the finances they need to move forward.
How Do I Know If a Property Owner Is Responsible for My Injuries?
Every case is different, but the general rule of thumb is this: if the property owner failed to take reasonable measures to protect your safety, they could be held liable if you were injured on their property. The extent a property owner must go to will depend on the type of property, such as a bank versus a private home, and also whether you were invited, visiting, or even trespassing. You’ll have the burden of proving that the property owner was negligent and allowed a hazardous condition to be present on the property, which led to your injuries. An example may be spilled water in the aisle of a grocery store that was not cleaned up in a timely manner, causing you to slip and fall.
Is Hiring a Baton Rouge Car Accident Lawyer Affordable?
Yes. Hiring a car accident lawyer from our firm will cost you nothing upfront. We want our clients to focus on recovery so we work on something called a contingency fee. In simplest terms, this means we cover all costs of a case. If we don’t obtain results for you, you don’t have to pay us a fee. It’s that simple! Besides being less stressful for clients, working this way makes our help available regardless of a person’s financial background.
What About Trespassing & Premises Liability?
It may be strange to think that a person who trespasses on another’s property could be afforded any level of protection under premises liability laws. In Texas, however, property owners could be held liable for a trespassing person’s injuries if they intentionally cause harm to the trespasser, or their gross negligence causes the trespasser to come to harm. Of course there are exceptions, such as in cases where the trespasser has entered the property to cause harm to its owner, but the above are the general rules that apply to trespassing and premises liability. Another issue that may come up regarding trespassing and injuries on another’s property concerns children. If a property owner has a swimming pool or pond, for example, that is wholly unprotected from children who could come on the property and drown, that property owner could be held accountable.
Should I Accept a Settlement Offer From Insurance?
No, it would be best if you spoke with a Baton Rouge car accident attorney before accepting a settlement offer. In many instances, insurance companies don’t offer the results that a person deserves. Instead, they offer the lowest possible settlement to absolve them of responsibility for as little as possible. Sometimes, insurance companies will even delay or deny claims in the hopes of frustrating people into accepting less than they deserve.
How Long Do I Have to File a Premises Liability Lawsuit in Texas?
The statute of limitations for personal injury actions in Texas is two years. Because premises liability lawsuits are a type of personal injury action, this means that you have two years from the date of your injury to file suit in civil court. Waiting longer than two years could jeopardize your right to compensation from the property owner.
If a Drug or Medical Device Is FDA Approved, Can I Still File a Lawsuit?
If you suffered serious side effects or other harm from an FDA-approved drug or medical device, you may still be able to come forward with a lawsuit against its manufacturer or another at-fault party. FDA approval is a minimum standard for a company to market and release a product. Pharmaceutical companies and medical device manufacturers still have an obligation to properly market their products and to release additional warnings or other measures to protect patients. If they fail to uphold this obligation and patients are injured as a result, they can be held liable. Our Louisiana drug injury lawyers can offer insight on this when you call for a consultation.
What Is the Statute of Limitations for a Drug Injury Lawsuit in Louisiana?
In Louisiana, the new standard statute of limitations for personal injury lawsuits is two years if the incident occurred on or after July 1, 2024. For incidents occurring before this date, the standard statute of limitations is one year under the previous law. If you experienced harmful side effects from a pharmaceutical drug or were injured by a medical device on or after July 1, 2024, you have two years from the date of your injury to file a lawsuit. If you were injured before July 1, 2024, you have just one year to file. If you fail to file within the applicable time limit, you could lose your right to seek compensation for your medical bills and other losses.
There are some exceptions to the Louisiana statute of limitations, however. If you were a child at the time of your injury, you may have one year from the time you turn 18 to come forward. The same applies from the date that you discovered–or should have reasonably discovered–that an injury was caused by a dangerous drug or defective medical device. There are situations where an injury may not be immediately apparent or linked to a drug or device. When this happens, you may have more time.
Who Is Responsible for Side Effects Caused by Dangerous Pharmaceuticals?
One or more companies involved in the development, testing, manufacturing, and distribution of a prescription or over-the-counter medicine may be held accountable for serious side effects it causes. Even a doctor that prescribes medicine for off-market use could be held accountable. The goal will be to identify every party that played a part in causing you harm. When we identify these parties, we can hold them accountable for your medical bills, ongoing care, emotional trauma, lost wages, and more.
Who Can Be Held Responsible for a Plant or Refinery Accident?
One or more parties may be responsible for a chemical plant or oil refinery accident in Pasadena, TX. Often, our attorneys find that the company that owns and operates the plant is to blame, as incidents can be traced back to failures to implement appropriate safety standards, violations of OSHA regulations, poor employee training, or decisions to delay the replacement or repair of aging equipment. With cases of this kind, our Pasadena refinery accident law firm works with investigators, experts in refinery safety, and other qualified professionals to determine exactly what caused the accident. We can then determine who is to blame and seek justice on behalf of injured workers and their families.
Should I File a Workers’ Comp Claim After a Pasadena, TX Plant Accident?
Whether you have a workers’ compensation claim or other type of case will depend on the nature of the accident and whether you were on the job at the time. For most industrial accidents, workers are entitled to medical care and financial support without having to prove the fault of their employers or other parties. Workers’ comp benefits are limited, however, so it’s important to talk to a lawyer who has experience with plant accident cases. In some cases, a worker may have grounds for a personal injury lawsuit, which would allow for additional compensation.
Who Is Liable for a Slip & Fall?
People are responsible for their own safety—to a degree. This includes taking reasonable precautions to watch where you are walking. This does not, however, exclude property owners from being responsible for allowing hazardous conditions to exist on their properties. Poor lighting, uneven flooring, defective ladders or scaffolding—situations like this can cause even a careful person to slip and fall. By investigating what caused your accident, our team can determine fault. Even if the property owner or their insurance company has said that you weren’t looking where you were going, you may still have a case. Talk to an attorney and find out what to do to see justice served.
What Is My Refinery Accident Claim Worth?
Every refinery injury case is unique. Workers experience unthinkable trauma in fires, explosions, and other incidents at Pasadena oil refineries. For this reason, it is difficult to “put a price on” what a case is worth. At Arnold & Itkin, our goal is to expose the wrongdoing that caused the accident and then pursue the level of compensation that will help an injured refinery worker or the family of a worker who has lost his or her life face a brighter and more stable future. We will pursue compensation for medical care, ongoing treatment, lost earnings, loss of future earnings, emotional trauma, pain and suffering, and every single loss or expense our client has experienced and may experience in the future. We want to show oil and gas companies that they can’t put profits over the safety of their workers, while helping our clients get the best treatment and the support they need—for life.
What If I Was Injured in a Slip & Fall at Work?
If you were injured at work, you have a responsibility to inform your employer. Each state has different rules that dictate how quickly you must inform your supervisor or manager of a slip and fall incident, but it is usually around 30 days. Failing to report your injuries may limit your ability to recover workers’ compensation benefits. Statutes of limitations also apply to premises liability lawsuits stemming from slip and fall accidents, if a third party (someone other than your employer or a co-worker) was to blame. Be sure to ask your attorney about all of your rights and responsibilities regarding a work-related fall.L
What Is My Slip & Fall Claim Worth?
Every slip and fall accident is different. Each case has its own value based on the extent of the victim’s injuries and the impact these injuries have had and will have on the victim’s life. The value of your claim will depend on medical bills, the cost of ongoing treatment or care, how much work you’ve missed, and whether you will lose more income in the future. You may also recover financial compensation for non-economic damages, like pain and suffering or loss of enjoyment of life. Maximizing your recovery will help you rebuild and move on after a serious slip and fall.
How Can a Pearland Personal Injury Lawyer Help Me?
A qualified and experienced personal injury lawyer can handle every part of your case while you focus on healing. This may include investigating the accident to reveal its true cause, identifying at-fault parties, negotiating with the insurance company for a fair settlement, and taking your case to court if needed. The right attorney can help you find answers and accountability after a serious accident so you can rebuild and move on.
What Types of Compensation Can I Receive?
A successful personal injury lawsuit may provide a survivor with compensation for medical treatment, ongoing medical care and therapy, emotional trauma, pain and suffering, lost earnings, and loss of future wages.
Who Can Be Held Responsible for Personal Injuries?
Any individual or company that acted negligently or caused intentional harm may be held responsible by way of a personal injury lawsuit. A driver that causes a car accident, a trucking company that overloads an 18-wheeler, a manufacturer of a defective product, and a property owner that does not maintain safe premises are all examples of potentially at-fault parties in personal injury lawsuits.
What Is My Personal Injury Case Worth?
The value of a personal injury case will depend on the extent of harm you experienced and its impact on your life. This includes expenses you've already incurred, like medical care, as well as ongoing expenses or losses, like the need for ongoing therapy or an inability to return to work. Emotional trauma and physical pain and suffering can also affect the value of a case. Generally speaking, the more severe the injury, the higher the value of the case.
Because every situation is different, it's recommended that you talk to a Pearland TX personal injury attorney about your specific case and options.
Can I Afford a Personal Injury Attorney?
Yes, anyone can afford help from our firm. We work on something known as a contingency fee. In simplest terms, this means that we cover all costs of case and only collect a payment if we get results from it. If we don’t get results, our clients don’t pay. It’s that simple. Working this way makes our services attainable while preventing our clients from experiencing even more financial stress than they might already be going through. It shows that we’re focused on getting results and making sure we’re doing everything possible for clients.
What Can Our Plano Personal Injury Lawyers Help With?
We’re always focused on getting the compensation that a client needs to move forward after whatever accident caused their suffering. This means recovering financial losses such as lost wages, medical bills, lost earning capacity, and the cost of any future care needs. However, it also means going one step further and helping secure compensation for less obvious losses such as pain, suffering, and any emotional trauma a client and their family has experienced. Every accident is different, so calling our Plano personal injury lawyers if the easiest way to discover what your options for recovery are.
Is a Personal Injury Lawsuit Possible After My Accident?
If you’re asking this question, the easiest way to have it answered is by calling us at (888) 493-1629 for a free consultation. However, all personal injury lawsuits have one thing in common: negligence. If someone, a company, or any other party could have prevented your accident and didn’t, it’s likely that you have a case. However, this isn’t always obvious, so calling our firm should be your first step toward finding answers after your injuries.
Who Is at Fault for My Toxic Exposure?
Multiple parties can be negligent for toxic exposure including the party who caused the exposure or the company who produced the toxic substance. An investigation will reveal how exposure occurred and, therefore, who may be to blame. This is something our Houston chemical exposure attorneys can handle if we take on your case.
Are Employers Required to Protect Workers from Toxic Exposure?
Yes. All employers are required to provide the training, safety equipment, and other tools requires to safely do a job. This means that employers can be liable for toxic exposure, even if hazardous substances are part of a person’s daily routine at their job.
What If My Loved One Was Killed During an Accident?
If your family member was killed by a preventable accident, our Plano wrongful death lawyers might be able to help you. We’re ready to demand answers from liable parties and seek compensation for damages such as loss of consortium, lost wages, medical debt, funeral costs, and any other types of losses on your behalf.
What Can I Recover with a Toxic Exposure Lawsuit?
Accountability and compensation are the focus of any personal injury lawsuit. People injured from toxic exposure can recover losses such as lost wages, medical bills, and any other monetary losses associated with their incident.
What Steps Should I Take Right After a Truck Accident?
In the immediate aftermath of a truck accident, ensure your safety first by moving to a safe location if possible and calling 911 for medical assistance. It is crucial to document the scene with photos or videos, noting any visible damages, weather conditions, and road signage. Collect contact information from witnesses and the involved truck driver, including their insurance details and employer information. Do not admit fault or discuss the accident details extensively at the scene. Once emergency services arrive, follow the instructions of medical professionals and law enforcement. Remember that seeking prompt legal advice from a Baton Rouge truck accident attorney can help preserve your rights and guide you through the subsequent legal and insurance processes.
How Long Do I Have to File a Truck Accident Claim in Louisiana?
In Louisiana, you have two years to file a personal injury claim after a truck accident if the accident occurred on or after July 1, 2024. If the accident occurred before this date, you have one year to sue for damages. If you wait longer, you run the risk of losing your right to sue. This is called a statute of limitations. There are some exceptions, such as a case filed on behalf of a victim who was a minor at the time of the accident. Our attorneys can answer your questions about time constraints and other issues you need to consider.
What Are Some of the Leading Causes of Louisiana Trucking Accidents?
The most common cause of truck accidents in Louisiana is driver behavior. This refers to some act or failure to act on the part of a truck driver or other motorist. Running a red light, drunk driving, driving while tired, texting while driving, following too closely, and unsafe lane changes are all examples of driver behavior that may cause a truck accident. Truck accidents may also be caused by improperly loaded cargo, negligently maintained trucks, defective truck or auto parts, dangerous roads, and improperly secured truck loads. Investigating the cause of your accident will help our team determine who should be held responsible for your medical bills and so much more.
Why Are Plant Explosions So Serious?
Plant explosions can cause worker injury and death, not to mention significant and widespread damage to the plant itself and surrounding structures and even neighborhoods. These incidents are disastrous because they involve heat, chemical reactions, and the explosion itself. Workers may be injured in the initial blast, thrown with such force that they suffer broken bones, spinal cord injuries, and head trauma. Others may experience severe burns and respiratory problems caused by inhaling smoke and airborne substances. Every worker may be at risk.
How Many Drilling Rigs Are There in the U.S?
As of June 2020, there were 189 active oil and gas rigs in the United States. This amount is a significant decrease from 2019 when there were approximately 1,000 active rigs. This decrease is most likely due to the oil crisis resulting from the coronavirus pandemic. Oil and gas companies across the country have had to lay off thousands of workers and halt production on hundreds of rigs to offset drastic drops in global fuel demand.
What Responsibilities Do Oil & Gas Companies Have to Keep Workers Safe?
Oil and gas companies must comply with safety standards that protect workers and the environment from potentially catastrophic accidents, explosions, and spills. This includes providing proper safety gear, monitoring and repairing equipment, replacing aging equipment, and more. Pushing for unrealistic production goals and delaying or avoiding safety inspections and shutdowns will put every worker at risk. If your employer cut corners or acted wrongfully in any way whatsoever, we can work to expose this and help you see justice served.
How Do I Know if I Have a Case Against an Oil & Gas Company?
If you were injured while working as a derrick hand, drilling operator, floor hand, or any crew member on a drilling rig, you could have a case. The first step will be to determine what caused your accident. If your employer overlooked safety standards or did anything to jeopardize your well-being, they could be held to blame. Drilling companies should never put profits over the safety of their workers, but it happens time and again.
What Should I Do After a Louisiana Motorcycle Accident?
It may be difficult to know how to go about pursuing compensation for your injuries. You may be experiencing serious injuries and financial burdens. Of course, the first step is to seek medical attention and work to become well. Then, the best next step would be to contact a Louisiana motorcycle injury attorney from Arnold & Itkin. We can talk to you about your rights, help you understand your options, and take the appropriate steps to seek the compensation you need to return to a more stable life.
Can I File a Lawsuit on Behalf of Someone Killed in a Motorcycle Accident?
Yes, direct family members can file a wrongful death claim on behalf of a loved one killed during a motorcycle accident. One of the most unfortunate realities about motorcycle accidents is they’re often deadly. Families deserve answers after losing loved ones because of the reckless actions of others. Spouses, parents, children, other dependents, siblings, and grandparents may be able to seek justice in a Louisiana motorcycle accident claim. Importantly, which family members listed above can file a lawsuit will depend on their situation. When you speak with a Louisiana motorcycle accident lawyer at our firm, you can learn more about your options at no cost.
What Can I Recover After a Motorcycle Accident?
Motorcycle accidents tend to be expensive because of the serious injuries riders sustain. Our Baton Rouge motorcycle accident law firm fights to help make sure clients aren’t financially strained by an accident they didn’t cause. We can seek compensation for lost wages, medical bills, future medical care, pain and suffering, and more. Ultimately, what compensation is possible for you is dependent on the specifics of your case. Calling our Louisiana motorcycle accident law firm will help you discover what damages you might be able to pursue compensation for.
I Was Injured by a Plant Explosion Near My Home. Do I Have a Lawsuit?
Even if you were not a worker at the plant or refinery, you could still have grounds for a claim if you were injured or your property was damaged. Plant explosions can cause widespread damage due to the force of the explosion itself. Nearby properties may have windows blown out. Flying debris can damage walls and roofs. If hazardous chemicals are released into the air, everyone in the region could be at risk. Anyone who was harmed should be entitled to compensation for what they’ve experienced.
If I Was the Victim of a Crime, Can the Property Owner Be Held Responsible?
Maintaining reasonably safe property grounds includes certain security measures to protect visitors, tenants, and customers. A property owner’s responsibility in this regard will depend on the type of the property (such as a retail store versus a family home) and whether there is a history of criminal activity at that location or type of property.
If you were the victim of a crime at a hotel, amusement park, restaurant, office building, or other location, the property owner may be legally accountable–if they failed to implement proper security measures. This may include security guards, lighting, video surveillance, and other equipment or personnel that would deter criminals.
What Is the Most Common Type of Premises Liability Claim in Louisiana?
Cases involving slip, trip, and fall accidents are the most common premises liability cases filed. Victims of slip and fall accidents may have grounds for lawsuits against property owners if they failed to maintain reasonably safe grounds. Poor lighting, missing stairway railings, defective flooring, spills, and other hazards can cause serious slip and fall injuries that forever change a victim’s life. By holding the property owner accountable, a person who has been injured in this way can get the financial compensation needed for medical bills, lost income, ongoing treatment, pain and suffering, and possibly more.
How Do I Know if I Have a Premises Liability Lawsuit?
If you were injured at a bar, restaurant, hotel, or on any other type of property, you may have grounds for a lawsuit against the owner if it was their negligence that caused you harm. An example may be a retail store manager who knows about a spill in an aisle but does not have an employee clean it up or put a “wet floor” sign to warn customers. If you slipped and fell, you may have a case. The burden of proof will be on your shoulders to show that the property owner did not take reasonable measures to maintain safe grounds, so it’s important to involve an attorney who can build a solid case on your behalf.
Who Can Be Held Accountable?
When a plant explosion occurs, everyone is looking for answers. The media, the government, and of course the injured workers themselves. Why did it occur? Who is responsible? In our experience, accountability for plant explosions typically lies with the owner of the plant or the manufacturer of defective equipment. Each case is different, however, and must be carefully investigated and analyzed to determine liability. At Arnold & Itkin, our experience with plant explosion cases is unmatched. We have the resources and drive to seek justice for innocent workers and others who have been injured in these preventable catastrophes.
What Types of Injuries Are Experienced in Plant Explosions?
Plant explosions cause many different types of injuries, many of which are catastrophic. The blast itself may be the source of significant trauma, including broken bones, hearing damage, brain trauma, and crush injuries. Fire is another source of serious trauma, causing severe burns that can lead to disfigurement, scarring, and even the need for surgical amputation of affected limbs and extremities. Some workers are injured in the rush of people trying to flee an explosion, literally trampled in the turmoil. In addition to these physical injuries, workers are at risk of suffering from lasting emotional trauma due to the catastrophic nature of these explosions.
After a Plant Explosion, Do I Have to Use the Company Doctor?
If you were injured in a plant explosion, your employer may have a doctor or medical facility they’d like for you to visit. It’s important to know that you are not legally required to use the company doctor. You can request to see a different doctor if you prefer. You should also be wary of returning to work before you feel you’re fully healed. Your employer may pressure you to return, but you should only start working again if your doctor says it’s alright. Protect your health above all else.
What Medical Treatment Is Covered by a Plant Explosion Injury Claim?
A full and fair settlement for a plant explosion injury claim should cover every single expense associated with your medical treatment. This includes hospitalization and emergency treatment right after the explosion. It also includes ongoing care, whether this is in the hospital or at a different facility. It also includes medication, medical supplies, travel expenses to and from appointments, physical therapy, assistive devices, in-home modifications (if needed), and any other cost related to your injuries. You should also be entitled to damages for lost income, future loss of income, and emotional trauma. An attorney who has experience with plant explosion cases can review yours to determine its worth and how to proceed.
How Many People Work at the P&G Plant in Pineville, and How Many Were Injured in the Explosion?
About 600 employees and hundreds of other contractors work at the Proctor & Gamble plant in Pineville. In the May 2018 forklift explosion, the operator of the forklift was killed and six workers sought medical treatment for various injuries. Because the explosion involved a forklift and not one of the primary structures at the plant, this incident was limited to these seven workers. However, chemical exposure is a concern for other workers who were at the plant at the time of the explosion.
Why Did the P&G Explosion Happen?
The P&G plant explosion is still under investigation, but because the blast originated from a forklift at the site, that will likely be investigators’ focus. Forklift accidents and plant explosions can occur because of equipment or machinery defects, lax implementation of safety standards, mishandling of dangerous chemicals, or other failures by individuals and corporations to act with proper caution and care. Identifying the exact cause of this accident is our top priority.
As an Amerigas Worker, What Should I Do if I Was Injured in an Accident?
If you were injured while driving for AmeriGas or while working at one of the company’s warehouses or distribution sites, you have the right to seek benefits for your medical care and lost earnings. You should seek medical attention and inform your supervisor or manager, as failing to report an on-the-job injury could jeopardize your right to receive workers’ compensation benefits. If you were seriously injured, you should consider talking to an attorney who has experience with industrial accident cases, particularly those involving propane and other hazardous substances. If someone other than your employer or a co-worker was at fault, you could have a separate personal injury lawsuit. With a competent lawyer to advise you, you can seek full and fair damages.
What Safety Requirements Apply to Heavy Machinery, Like Forklifts, at the P&G Plant?
Chemical plants like the Proctor & Gamble facility in Pineville must comply with numerous safety standards set forth by state and federal law. For heavy machinery like forklifts, these safety standards address not only the design and maintenance of forklifts and similar equipment but also proper fire protection for gas, electric, and diesel-powered units. If safety is not held to the highest standard or is ignored altogether, accidents will happen. An investigation is underway to determine what happened at the P&G plant.
Can Amerigas Fire or Demote Me for Reporting a Workplace Injury?
It is illegal for an employer to demote, terminate, or otherwise penalize an employee for reporting a workplace injury or filing a workers’ compensation claim. Workers are also protected from reporting workplace safety violations. If you were fired or punished in any way for reporting a workplace accident or injury at AmeriGas, you could be entitled to the full value of your claim, plus job reinstatement, compensation for lost earnings, and possibly much more. Employers must be held accountable for attempts to cover up safety violations or terminate workers for trying to recover benefits for on-the-job injuries.
What Are Examples of Accidents Affecting Amerigas Employees & Customers?
Thousands of people across the country work for AmeriGas, at storage facilities, warehouses, and distribution sites, driving their trucks, and delivering propane to residential and commercial customers. Because propane is a flammable, liquified gas, it can be dangerous to work with—if proper safety precautions are not taken.
Is There a Cap on Wrongful Death Damages in Louisiana?
There is no set limit on the amount of financial compensation that may be awarded in a wrongful death lawsuit in Louisiana. There is a $500,000 cap on medical malpractice cases and cases against government agencies, however. To find out if limits may apply to your case, we recommend talking to an attorney. It’s also important to note that Louisiana has one of the shortest statutes of limitation on wrongful death actions–you have one year from the date of your loss to file suit.
How Long Does It Take to Settle a Wrongful Death Case?
Some wrongful death cases settle relatively quickly, within a matter of months, but others may take one or more years to be resolved. How fast your case moves will depend on the defendant and how willing they are to negotiate to reach a fair settlement, or whether your case must go to trial. Some cases settle before or during a trial, again depending on what evidence we are able to bring to the table and whether the defendant will play ball, so to speak. With any Louisiana wrongful death case, our lawyers take the approach that will yield the best possible outcome–one that brings answers and accountability.
Who Can File a Wrongful Death Lawsuit in Louisiana?
Only certain family members can file a wrongful death lawsuit in Louisiana. Who can file will depend on whether the person who died was married, had children, and other factors. A surviving spouse or child/ren, surviving parent/s, surviving sibling/s, surviving grandparent/s, or the estate of the deceased may file a wrongful death suit in Louisiana. The deceased’s spouse or children would have priority in filing. If the deceased was unmarried and had no children, the parent or parents would be able to file. If the deceased had no spouse, children, or parents, his or her siblings would be able to file, and so on.
What Constitutes Defects in Electronics & Appliances?
Legally, a defect is something that makes an appliance or other product unsafe to use, even when a consumer is using it as directed and in a reasonable manner. There are three types of defects that may affect appliances and electronics: design defects, which mean the product’s design itself is unsafe; manufacturing defects, which occur during production or packaging and make the product unsafe; and marketing defects and failures to warn, which mean the product is marketed for the wrong purpose, does not contain proper instructions, or lacks warning labels. If an appliance or other consumer product has one of these defects, the manufacturer can be held strictly liable for any resulting injuries. This means that the injured consumer would not need to prove negligence, only that the defect existed and caused harm.
How Do Appliance Manufacturers Try to Deny Liability?
Appliance and electronics manufacturers may try to deny liability by claiming that their products were not actually defective. They may say that the consumer was using the product improperly, or that the product was tampered with after it was purchased. They may say the product was installed incorrectly. Manufacturers have teams of attorneys and investigators to counteract product liability claims. You need to make sure you’re armed with your own team to protect your interests.
Should I Call an Attorney?
It may seem impossible to deal with the fallout of a serious injury caused by a defective appliance. An attorney can help by informing you of your legal rights, including the right to compensation from the manufacturer or other party that’s responsible for your injuries. Instead of trying to figure out how to pay your medical bills and make ends meet while you can’t work, you can get a settlement or award that will cover all of your losses and expenses. And the best part is, your initial consultation is free. At Arnold & Itkin, we handle product liability cases for defective appliances on contingency, which means we only get paid if you do. There’s no risk when you get in touch with our team.
Can I File a Lawsuit if a Loved One Died Working Offshore?
Working on an oil platform is not only physically demanding, but it also comes with a large set of risks. Many fatal incidents that take place offshore could have been prevented, but often safety is sacrificed for time and cost-effectiveness. If your loved one was killed due to the negligence of another, you can file a claim under DOHSA. Compensation is for the exclusive benefit of the killed worker’s spouse, parent, child, or dependent relative, and it is strictly limited to monetary losses. Benefits may also be found under the Jones Act, which provides wrongful death benefits to the family of a seaman who dies due to his employer’s negligence.
How Do I Know if I Have a Case Under the Death on the High Seas Act?
Generally speaking, the Death on the High Seas Act applies to maritime deaths that occur at least three miles offshore. Whether your loved one was a passenger or a maritime worker, you could have a valid DOHSA case if shipowner negligence or an unseaworthy vessel was the cause of their death. At Arnold & Itkin, we offer a free initial consultation to talk about your case and how we can help. With our extensive experience in maritime law, we are confident in our ability to accurately assess the situation and guide you toward the right path.
Who Can File a Claim Under the Death on the High Seas Act?
If you are the spouse, child, or dependent of a maritime worker or passenger of a vessel who lost their life in international waters, you may have a case under the Death on the High Seas Act. DOHSA cases apply to wrongful deaths caused by shipowner negligence or an unseaworthy vessel. They allow family members to pursue financial compensation from the at-fault party for lost income and other damages. DOHSA cases can also include cases of airplane accidents in international waters, at least 12 miles from U.S. territorial waters.
How Do I Prove Negligence in a DOHSA Case?
The DOHSA applies only to deaths caused by unseaworthy vessels or negligence. Proving negligence can be difficult, particularly because the incident occurred in foreign waters. It takes a detailed investigation to uncover evidence that proves negligence–a failure to act with proper care or caution in the circumstances. Examples of negligence under the Death on the High Seas Act may include inadequate safety inspections, not enough lifeboats for passengers and crew, failure to replace aging equipment, failure to provide proper equipment, or unsafe conditions on the vessel. Additionally, if any equipment on a vessel is not designed correctly, reasonably maintained, or does not work properly, this may render the vessel unseaworthy and thus entitle the surviving family member of a passenger or seaman who lost his or her life to compensation under the Death on the High Seas Act.
Does the Death on the High Seas Act Apply to Vessels Lost in Hurricanes?
The Death on the High Seas Act may apply to people who lose their lives in vessels that capsize and sink in tropical storms and hurricanes. Even though Mother Nature may have been the cause of the incident, the families of those who have been lost at sea can seek justice if negligence or unseaworthiness were involved. Some companies try to keep offshore rigs producing even when storms are imminent. Others fail to evacuate crews when hurricanes are on the horizon. Practices like these place everyone on the vessel at risk, such as the crews of the El Faro, the Seacor Power, the Deepwater Asgard, and the Globetrotter II.
What Are the Signs of a Tire Problem?
Like every part of your car, your tires need to be in good working order so you can drive safely. If your tires are defective or worn out, you’ll have trouble maneuvering and could experience a blowout. Here are a few signs that you may have a tire problem: You hear a squealing sound when you take a sharp turn. You feel vibrations when you drive on the freeway or highway. You’ve noticed that your tires are wearing unevenly. There are bulges, blisters, cracks, or cuts on the sides of your tires. If you notice these signs, get your tires checked immediately. Or, if you were involved in an accident and you believe defective tires were to blame, talk to an attorney about your legal options. You could be entitled to financial compensation for your injuries, damage to your vehicle, and more.
What Causes Tire Defects?
Tires are far more than thick, donut-shaped pieces of rubber inflated with air. They require complex designs and faultless manufacturing to perform properly. They are the only part of a vehicle that touches the road, and they play a part in traction, maneuverability, comfort, and safety. When tire manufacturers cut corners or make mistakes, people on the road pay the ultimate price. Faulty tires may result from unsafe designs, defects during manufacturing, low-quality materials, inadequate pre-market testing, and poor quality control.
Can I Sue Even if It Wasn’t My Tire That Blew Out?
If you were injured in an accident caused by a tire blowout, you should be entitled to compensation—even if it was not your tire that blew. The manufacturer of a faulty tire should be held responsible for any and all injuries their product has caused, whether or not they were sustained by the person who purchased their tire. The best thing to do is to talk to an attorney who has experience with tire defect claims. You can find out what to do to move forward with a case, and who should be held responsible.
How Is the Limitation of Liability Act Misused by Vessel Owners?
The Limitation of Liability Act was enacted nearly 170 years ago. At that time, the hazards of maritime trade were extreme. Vessel owners needed protection, and this came in the form of a limitation on liability to the value of their ship. Today, maritime hazards are still present, but we have the tools and resources to mitigate them. Instead of using the Limitation of Liability Act for its intended purpose, some vessel owners are using it to limit injured seamen’s valid claims. They are trying to shirk their responsibility to the hard-working people on their vessels.
How Can I Challenge the Limitation of Liability Act?
Even when large corporations try to defend their interests under the Limitation of Liability Act, a skilled attorney can challenge this defense and see justice served. That’s precisely what we at Arnold & Itkin have done time and time again. We’ve successfully fought the Limited Liability defense in notable cases such as the Deepwater Horizon explosion, the sinking of the El Faro, and many others. Our attorneys fight unethical and immoral practices by large corporations to seek accountability, answers, and justice.
What Are Common Signs of a Fuel System Problem?
Knowing how to spot a potential problem with your vehicle’s fuel system can save you a lot of trouble—and even help you avoid an accident or injury. If you notice a problem, see your mechanic as quickly as possible to find out what’s wrong. The following are potential signs of a fuel pump or other fuel system issue: you’ve noticed a whining noise coming from the fuel tank; the engine is sputtering or stalling, particularly at high temperatures; you’re getting low gas mileage; your car will not start, or you’ve been having difficulty starting it; your vehicle is jerking or sputtering at high speeds; and you lose power when accelerating, driving uphill, or towing a load. Such issues could occur due to a defective part or poor maintenance. If you were already injured in an accident, fire, or explosion caused by an issue with your vehicle’s fuel system, be sure to involve an attorney who can help you find the underlying cause and seek justice.
What Types of Vessels Does the Limitation of Liability Act Apply To?
The Limitation of Liability Act applies only to vessels in U.S. waters, but this may include inland waters as well. Any seagoing vessel, barge, boat, lighter, or recreational craft may be covered. What’s more, the Act will apply to ship owners or leaseholders, and it may cover not only injuries but damage to cargo, collisions, and death.
What Causes Issues with Fuel Systems?
A fuel system issue may be caused by a failing fuel pump, dirty fuel filter, or faulty fuel injector. These parts, if improperly designed or manufactured, can cause serious problems that lead to complete fuel system failure—and place your life at risk if a fire or explosion results. Manufacturers, distributors, and other entities can be held legally accountable for fuel system failure caused by unsafe designs or manufacturing defects. At Arnold & Itkin, our product liability team can help determine what caused your fuel system to fail and who should be held responsible.
Do I Have a Lawsuit Based on a Fuel System Defect?
Manufacturers, including those that design and produce fuel injectors, fuel pumps, and all parts of a motor vehicle, have an obligation to create products that are free from defects. This means that they should be designed properly and manufactured without faults that would cause them to fail. If your vehicle’s fuel system malfunctioned or failed in any way—and you were seriously injured as a result—you could have a lawsuit against the manufacturer or other at-fault party. The best way to find out whether you have a case is by scheduling a free, private consultation with one of our experienced team members. Our firm has an unparalleled record of wins for the injured and wronged, and we’re ready to see how we can assist you.
Who Is Liable for a Defective Auto Part?
This depends on the situation. Often, the company that produced a faulty auto part is liable for any injuries that it causes. However, companies that use the auto part in their vehicles are also responsible for failing to ensure that it is safe.
What Do Defective Auto Part Lawyers Help With?
Defective auto part lawyers are focused on fighting to help clients receive the compensation that they deserve after an accident. Defective auto parts can cause serious injuries and financial losses. So, an attorney will focus on helping you recover lost wages, medical bills, and other monetary losses associated with your accident. Besides obtaining justice for clients, product liability lawyers also work to ensure that the same faulty auto part doesn’t hurt more people.
How Much Does the Help of a Defective Auto Part Lawyer Cost?
At Arnold & Itkin, we operate on something called a contingency fee. This means that we cover all costs of a case and only collect a fee if we obtain results. This means that our clients can focus on recovery while we work to obtain justice on their behalf.
Does Insurance Cover ATV Accidents?
ATVs are usually not covered by vehicular insurance policies that would typically compensate victims of car, truck, or motorcycle accidents, and this can make it more challenging to move forward with a case. A victim will need to see if a different type of insurance policy will apply and what party (or parties) should be held responsible for the accident and the injuries it caused.
The owner of the ATV could be responsible if he or she allowed a minor or inexperienced person to ride. The owner of the land where the accident occurred could be liable if hazardous conditions were present that contributed to the rollover or other accident. The manufacturer of the ATV could be responsible if it was improperly designed or built. Each of these parties may have insurance that would cover the accident.
It Was My First Time Riding an ATV, and I Was Seriously Injured. Was It My Fault?
If you were operating the ATV and it rolled over or you otherwise lost control and were injured, it may seem like the accident was your fault. You need to remember, however, that there may have been factors outside of your control that caused the accident to occur. If the ATV’s design made it more likely to roll over even though you were driving it correctly, this is not your fault. If the land was particularly hazardous and you were not warned of this fact, you should not be responsible. Our team can investigate your accident to see who is really to blame.
What Is My ATV Accident Case Worth?
You could be entitled to compensation for any injury or loss associated with your ATV accident. This may include medical expenses, ongoing treatment and therapy, emotional trauma, disfigurement, scarring, lost income, and loss of future earnings. This compensation is meant to help you put the pieces of your life back together, and considering how serious an ATV accident can be, your settlement or award may be significant. Because every case is different, you can get a better idea of what yours is worth by talking to an attorney.
What Types of Defects Occur in Children’s Toys?
Children’s toys may have various defects in the way they’re designed, produced, packaged, or marketed. Toys need to be appropriate for the age to which they’re marketed. The packaging must be clear, helping parents determine whether their children can safely play with a certain toy. The materials used to make the toy must be child-friendly and free from defects, and the design itself must be reasonably safe for children in the appropriate age group.
The following are examples of potentially dangerous toys: toys that can break into small parts, presenting choking hazards for young children; magnets and toys with magnets inside that can cause internal organ damage if swallowed; toys manufactured with lead paint that children may ingest; toys that pose risks of serious eye injury, such as dart guns; and motorized vehicles for children that travel too swiftly or lack proper occupant protection. Any of these defects could cause a child to suffer serious harm. If this happened to your child, be sure to involve an attorney who can help you hold the manufacturer or other responsible party accountable.
How Could a Design Defect Make an Infant Product Dangerous?
When it comes to infant products, parents rely on product manufacturers to use clear labeling, safety warnings, and instructions for use. Even if all these things are correct, however, a design defect could make it dangerous. The Bumbo seat is an example of a product that was recalled twice. These molded seats were designed for infants aged 3 to 12 months who cannot sit up unassisted. Unfortunately, some children suffered serious injuries when these seats fell from tables or other high surfaces. This resulted in a 2007 recall and issuance of a warning about placing Bumbo seats on high surfaces. The second recall specifically addressed the design of the infant seat. In August of 2014, the manufacturer issued another recall to add a safety strap that would prevent infants from wiggling from the seat. The Bumbo seat was initially designed without any strap. This flaw in the design of the product led to its subsequent recall. Today, Bumbo seats are sold with the strap and additional warnings.
How Do I Know if I Have a Product Liability Case for a Children’s Product?
While it’s true that accidents happen and children may get hurt even when products are properly designed and manufactured, there are incidents caused specifically by defective children’s products. If your infant or child was injured while using any type of product—from a car seat to a rattle—make sure you talk to an attorney about your options. There could be many other children who suffered similar injuries. The manufacturer or other at-fault party should be held responsible, not only to give you the chance to seek justice for your child, but to protect others.
Why Is Working at a Refinery So Dangerous?
Working at a plant or refinery may seem inherently dangerous. Working with and around heavy equipment and hazardous substances are a part of a worker’s normal routine, but this does not excuse accidents that injure and kill these workers. Calumet Specialty Products Partners and other large corporations that own plants and refineries across the U.S. have an obligation to comply with state and federal safety regulations. They must take measures to keep their plants reasonably safe from hazards that could spell disaster for their hard-working employees. Working at a refinery becomes dangerous when companies fail to implement safety standards and place more importance on making money than protecting their employees and the environment.
How Common Are Natural Gas Explosions?
According to a report from FracTracker alliance, there were over 5,512 pipeline incidents in the United States between 2010 and 2018. These accidents injured 596 people and killed 126 more. Of these incidents, 291 involved explosions and 818 were pipeline fires. Natural gas explosions are not an everyday occurrence, but they occur more frequently than one might guess. When they do occur, they can cause extreme devastation.
What Should I Do if I Lost a Family Member in an Accident at a Calumet Refinery?
If your spouse or other family member lost his or her life in an accident at a Calumet refinery, you’re probably looking for answers. Why did this happen in the first place? Could anything have been done to prevent this loss? In the midst of the heartbreak you’re going through, you’re also facing difficult decisions about your future and how you’ll provide for yourself and your family. You may have grounds for a wrongful death lawsuit against the party that’s responsible. A wrongful death suit allows for the recovery of additional compensation, for all lost earnings, emotional trauma, loss of companionship, pain and suffering, and more. It can make more of an impact against the responsible party and help a family experience peace of mind in seeing justice served.
What Can Cause a Natural Gas Explosion?
There are over 2.7 million miles of pipeline in the United States. While most of them are safe, their stability relies on the companies that oversee them. Improper maintenance, inadequate training, and other oversights frequently–and unfairly–place workers and others near natural gas lines at risk. In other words, companies that maintain gas lines and work near them may be responsible for mistakes or decisions that cause natural gas explosions.
Can Natural Gas Lines Explode?
The short answer is yes, natural gas lines can explode. They carry a pressurized gas mixture that’s primarily made of methane, along with ethane, propane, and butane. If the pressure in a gas line becomes too great, if a leak occurs, or if the gas in a pipeline comes into contact with an ignition source, the result may be an explosion that can quite literally rock an entire city block. That’s what happened on September 13, 2018, when a series of gas explosions and fires in Boston forced the evacuation of 30,000 people from their homes. One person was killed. Natural gas lines don’t explode every day, but when they do, they can cause serious and widespread harm.
Is Natural Gas a High Explosive?
About 70 to 90 percent methane, natural gas is a high explosive when it is combined with enough oxygen and meets an ignition source. Its flammability range is 5 to 15 percent, which means that when that amount of natural gas is exposed to the air and an ignition source, it will combust. This deadly combination can cause a natural gas explosion like the one in Collin County near Farmersville, Texas. In the afternoon of June 28, 2021, two workers were killed and two were injured when the natural gas pipeline they were working on exploded.
What Can a Houston Natural Gas Explosion Attorney Help to Recover?
Our lawyers help people recover losses associated with their accidents. We investigate every aspect of a case to make sure our clients are being treated fairly, obtain justice, and have the financial stability required to move forward after a devastating accident. We often recover compensation for damages such as medical debt, pain and suffering, cost of future care, lost wages, property damages, and more. Importantly, it’s only possible to understand what recovery options are available for you after calling for help. Every case is different, and we’re ready to help you discover what options are available to you.
What Steps Should I Take if I Was Injured in a Calumet Lubricants Accident?
If injured at a Calumet Lubricants refinery, your immediate actions will influence both your health and financial assistance. Firstly, prioritize medical attention—dial 911 for critical injuries, visit urgent care or an ER for less severe ones, or schedule a check-up for minor concerns. Inform your employer in writing about the injury, ensuring there's a record. There's a limited timeframe to report workplace injuries, affecting your benefits. Given potential delays or challenges in obtaining proper care and financial support, consult an attorney promptly. They'll advocate for your rights and expedite the assistance you require.
What Is a Marketing Defect?
In product liability law, a marketing defect is a kind of hazard caused by failing to warn consumers of the potential dangers of using a particular product. Manufacturers have an obligation to document common hazards and risks associated with their products, and they’re also obligated to warn consumers of those risks with clear product labeling.
What Is an Example of a Marketing Defect?
Perhaps the most famous case involving a marketing defect is the Big Tobacco lawsuits of the 1990s. The issue at the heart of these lawsuits was that tobacco companies knew their products were addictive and caused lung cancer, but they did nothing to warn consumers of those risks. One of the consequences of the Big Tobacco litigation was requiring companies to put clear warning labels on cigarette cartons.
What Products Can Suffer from “Marketing Defects”?
While product liability often involves consumer products, pharmaceutical products and prescription medications are also susceptible to marketing defects. For instance, Risperdal is a antipsychotic with documented links to abnormal breast growth in men. Despite these risks, Johnson & Johnson allowed the medication to be marketed for children’s use, which eventually disfigured countless children nationwide. Our firm has led the litigation against Johnson & Johnson for their failure to warn.
What Causes Basket Transfer Accidents?
Billy Pugh basket transfers can be dangerous if they’re attempted in unsafe weather or sea conditions, if the equipment used to make the transfer is defective, or if the operator is inexperienced or careless. Basket transfer accidents can typically be traced back to one of those three issues: unsafe conditions, defective equipment, or operator error. Understanding the cause of an accident can help injured workers get the fair compensation to which they’re entitled, which should cover medical care, ongoing treatment as needed, lost wages, and future loss of earnings. Compensation may even be available for emotional trauma associated with the incident.
Who’s Responsible for My Care & Expenses After a Basket Transfer Accident?
Offshore injury claims fall under maritime law, specifically the Jones Act, Death on the High Seas Act, and the Longshore and Harbor Worker’s Compensation Act. Which laws apply to your unique situation will depend on whether your accident occurred in U.S. or foreign waters, what caused the Billy Pugh basket accident, and who is responsible. Your employer will typically be responsible for your medical care and the payment of lost wages, if it was their negligence or improper implementation of safety standards that led to your accident. A manufacturer or other third party could be responsible for a defective basket, crane, or other equipment.
An attorney who understands maritime law and the hazards offshore workers face will be able to advise you on the approach that’s best for your basket transfer accident case.
How Can an Attorney Protect My Rights?
You work hard for your employer, putting your blood, sweat, and tears into your job. Offshore work may pay well, but it is dangerous–particularly when it comes to basket transfers. When you’re suspended in a basket, you trust that the equipment will work correctly and that every person involved in the transfer knows what they’re doing. But in an instant, you could find yourself swinging or plummeting toward injury. You may think that your employer will treat you fairly after such an incident. This is simply not the case for most offshore workers.
You need an attorney who can make sure you get the best medical care from the doctor or facility you want. You shouldn’t be pressured into seeing the company doctor. You shouldn’t be pressured into returning to work before you’re ready. Every single one of your injury-related expenses and losses should be covered. An experienced attorney can make sure your interests are protected when no one else is looking out for you.
What Causes Boating Accidents?
The majority of boating accidents are caused by some type of error or negligence on the part of the boat operator. This can be chalked up to inexperience, drunk boating, speeding, or simple carelessness. In other instances, boat accidents are caused by defective boat parts, heavy weather, debris in waterways, or lack of adequate lighting or warning signs. Some boat accidents occur because of unsafe conditions on deck. By determining the cause your accident, our Houston attorneys can identify who should be held accountable.
What Types of Injuries Do Boat Accidents Cause?
One of the greatest dangers of boat accidents is that they occur in the water. A person who is thrown from a boat or who is left in the water when a boat sinks may not be rescued immediately. Minutes and even seconds are precious when an injured person is in the water. Even a relatively uninjured person may be at risk of drowning or suffering from hypothermia if left in the water too long. The following are potential consequences of Gulf Coast boating accidents: drowning; near-drowning; hypothermia; brain damage; broken bones; spinal cord trauma; and severe burns. Boat accident victims and their families deserve justice. That’s what we fight for every day at Arnold & Itkin.
Who Can I Hold Responsible for My Boating Accident?
When boat accidents occur because an individual was careless or a corporation put profits over safety, they should be held accountable. The party (or parties) that can be held legally responsible for your boating accident will depend on the circumstances at hand. If the accident was caused by a negligent boat operator or owner, for example, he or she may be responsible. If the accident involved a commercial vessel, the company may be held liable. If a vessel was defective or malfunctioned, the manufacturer may be to blame. At Arnold & Itkin, we’ve fought against the biggest corporations-and won. Take this opportunity to find out how we can help you.
How Can Sports Equipment Cause Injury?
When sports equipment is designed and manufactured properly, it will serve its purpose in protecting an athlete. If it is defective or does not fit, however, it can cause more harm than good. Whether we’re talking about a child wearing a peewee football helmet or a professional gymnast using uneven bars, faulty equipment can cause lasting injuries and even death in some cases. That’s why sports equipment manufacturers need to be held accountable for any defects, misleading advertising, or failure to warn.
When Do I Need to Report a Boating Accident?
Under federal law, a person who is operating a boat must report an accident if someone was injured, it caused more than $2,000 in property damage, or the boat was destroyed. Any accident involving a fall overboard (where the person could not be found and recovered) or a fatality must also be reported. Failing to report a boating accident could result in criminal charges, depending on the circumstances. Under Texas law, a boating accident must be reported within 30 days. If the accident was fatal, it must be reported within 48 hours.
What Types of Accidents Might Happen at a Citgo Refinery?
Refineries are dangerous places, with heavy machinery and complex equipment that must be used properly to avoid serious accidents. Add to that the fact that you’re dealing with tens or hundreds of thousands of gallons of highly combustible substances, and you have a recipe for disaster—if proper safety standards are not followed.
Explosions, fires, equipment malfunction, chemical exposure, falls, and heavy machinery accidents are all examples of incidents that may occur at a Citgo refinery, or any industrial worksite. When workers are injured in refinery accidents, they have the right to seek financial compensation for their medical treatment, ongoing care, lost income, and possibly much more. That's where a Citgo claim lawyer can make all the difference.
What Are the Types of Sports Equipment Defects?
Sports equipment may be defective in various ways. It may have a manufacturing defect in the way it was produced, which would affect only a single product or a series of products. It may be designed poorly, which would affect all items of that design. It may also be marketed improperly, claiming uses or safety standards it cannot fulfill. Or, it may lack proper instruction for use or warning labels, which would affect consumers’ ability to use the product the right way. In any of these scenarios, serious injuries could result.
What Damages Can I Recover in a Boating Accident Lawsuit?
A boating accident lawsuit gives a person the opportunity to recoup their losses and restore their life. A settlement or award for a boat accident case in Houston, Texas may include money for medical bills, ongoing treatment, lost earnings, future loss of earnings, emotional trauma, and possibly more. Considering the amount of damage a boat accident can cause, recovering maximum compensation is crucial for any survivor or for a victim’s family. Filing a lawsuit also gives a person the opportunity to hold at-fault parties accountable.
How Do I Know If I Have a Lawsuit?
If you or someone you love was injured while playing a sport, you may wonder whether the equipment was to blame. The best way to find out if you have a product liability lawsuit against the manufacturer is to talk to an attorney. A thorough investigation will reveal whether the equipment was defective. If so, you could be entitled to compensation for economic and non-economic damages like lost wages, medical care, and emotional trauma.
What Should I Do if I Was Injured While Working at a Citgo Refinery?
If you were injured at a Citgo refinery, make sure you get the medical care you need, inform your employer, and talk to an attorney. Your health comes first, so be sure to see a doctor and follow his or her orders so you can start to heal. Under workers’ compensation laws, you also need to tell your employer that you were injured—or you could lose your right to benefits. You should also talk to an attorney who can help ensure you are fairly compensated for what you have experienced and may endure in the future as a result of your accident. In addition to workers’ comp, you could have a personal injury claim.
Should I Accept the Insurance Company’s Offer?
If the insurance company is already involved and has made you an offer, don’t accept it or sign anything until you’ve talked to your lawyer. At first glance, the settlement may seem adequate or even generous, but you need to remember that insurance companies are for-profit organizations that are typically more interested in protecting their bottom line than paying out fair claims. Your settlement should include every single expense, loss, and injury you have experienced as a result of your Citgo refinery accident. A lawyer who has experience with these cases can review the settlement offer and offer insight as to whether it’s appropriate and just. If it’s not, your lawyer can pursue the fair settlement you deserve.
Why Do Cruise Ship Accidents and Assaults Happen?
Accidents and assaults on cruise ships happen when individuals and companies fail to take proper measures to ensure the safety of passengers and crew members. Even accidents have specific causes that can be identified and traced back to acts of negligence, overlooked safety measures, or even intentional wrongdoing. Assaults may be intentional, but they too stem from failures to provide adequate security measures, perform background checks, or take appropriate action against reported abusers. Cruise lines should be held accountable for failing to protect their passengers and crew, and our firm is committed to exposing wrongdoing to help victims and prevent others from future harm.
Who’s Responsible for Cruise Ship Accidents?
After a serious accident or injury on a cruise ship, the question of liability always arises. Who is legally responsible for paying a victim for his or her injuries? The answer will depend on what caused the accident in the first place and whether the injured person was a passenger or crew member. In some cases, more than one individual or company could be held responsible for a victim’s injuries. A cruise ship accident case may be filed against a cruise line, fellow passenger, onshore excursion company, or manufacturer of a defective product on a cruise ship. Our cruise injury lawyers at Arnold & Itkin have extensive experience with these cases, and we have access to teams of investigators and expert witnesses who can help us investigate your case and build a strong argument against the responsible party or parties. We’ll take all the necessary steps to set things right.
Where Should I File My Lawsuit Against a Cruise Line?
If you’re a passenger on a cruise ship, when you buy and sign for your ticket, there will be a clause stating where any personal injury claim would be filed in the event of an injury. This is called the forum selection clause and may vary depending on the cruise line. You may live in one state, depart from the cruise in another state, travel to another country during the cruise, and then file your personal injury lawsuit in yet another state. Your attorney can help you determine in which court your case should be filed.
What Types of Injuries Affect ConocoPhillips and Other Oil Rig Workers?
ConocoPhillips workers may be at risk of suffering catastrophic injuries in accidents or as a result of exposure to loud noises and other hazards on a rig. Explosions, fires, and falls can cause injuries such as severe burns, amputation, spinal cord injuries, and brain injuries. Hearing loss, vision loss, and respiratory disorders can be caused by exposure to hazardous conditions on an oil rig. When oil rig workers are injured or are diagnosed with occupational diseases, they can turn to our team at Arnold & Itkin for dedicated, insightful counsel. We know how to pursue benefits and compensation that will cover a worker’s care—for life.
What Should I Do if I Was Injured While Working for ConocoPhillips?
If you were injured working, you need to seek medical attention as soon as you can. You also need to inform your supervisor, as failing to report a work injury to your employer may jeopardize your right to benefits. Once you’ve seen a doctor, you should consider involving an attorney. This is a complicated process, and you may find that your employer is trying to pressure you into seeing a certain doctor or even returning to work before you feel ready. You might have trouble getting all of your medical expenses and wages covered. We can protect your rights, helping you recover fair and complete compensation for your injuries.
What Causes Oil Rig Accidents?
Oil rig accidents occur when employees are not properly trained, companies cut corners to boost profits, defective equipment is used, and safety standards are ignored. At Arnold & Itkin, we believe in exposing the wrongdoing that leads to oil rig accidents. These incidents are “accidental,” but they have specific causes that can be identified and traced back to poor management, overlooked safety standards, and sheer carelessness. Our attorneys fight for injured workers’ futures and to protect others from suffering similar misfortunes.
How Does Dredging Work?
As suggested by their name, suction dredges remove sediment from the bottom of waterways by using a tube that sucks it up like a vacuum. These dredges can work in conjunction with a cutting mechanism that makes sediment easier to remove, which helps prevent clogs in the dredge’s pipe. Mechanical dredges, like clamshells or backhoe dredging vessels, use buckets and grabbers to break through material and lift it from the bottom of a waterway. These excavating arm most often resembles the bucket or backhoe of a construction tractor or digger.
Some dredges may also use pressurized water jets to loosen or destabilize sediment. In fishing, pressure jet dredging can chase animals out of muddy layers of seabed and into the collection mechanism. Other dredges may also use a rake or a leveler to collect or redistribute sediment on the bottom of a seabed or ship channel.
What Do I Do If Injured on a Dredge Vessel?
If you’ve been injured on a dredge vessel, you deserve to recover everything you’ve lost. Our dredging injury lawyers in Texas and Louisiana serve offshore workers all over the Gulf Coast and around the country, winning them the results they need to rebuild their lives. After an injury, the first thing workers should do is get medical care as quickly as possible. You may end up seeing a company doctor, but it’s also vital to get a second opinion or see a specialist about your injuries. Once you’re in stable condition (or if you’re researching on behalf of a loved one, as soon as you hear about their condition), call a dredge accident lawyer. Only by having an attorney investigate your situation can you begin to understand your legal options.
Are Dredging Injuries Covered by Maritime Law?
Absolutely. As a worker aboard a dredge vessel, you’re covered by maritime law, which entitles you to basic maintenance and cure when you’re injured at sea or on navigable waters. However, you’re also entitled to compensation under the Jones Act, which is one of the most powerful avenues to recovery for an injured maritime worker.
Can Dredge Workers Receive Compensation After an Accident?
The Jones Act, enacted nearly a century ago, allows offshore workers to seek compensation from negligent parties responsible for serious or fatal accidents. Prior to this, workers could only claim for immediate living and medical expenses. Under maritime law, dredgers qualify as Jones Act vessels. Therefore, injured dredge workers can claim compensation reflecting the extent of their injuries rather than just immediate financial fallout. This includes lost wages, reduced earning capacity, medical expenses, pain and suffering, funeral costs, and loss of consortium.
Does Delek Have a Good Safety Record?
According to Delek’s website, “Safety is one of our core values…” The company’s safety record says otherwise. Since 2000, the company has paid nearly $34 billion in penalties. Of the 197 recorded violations, 39 were safety-related, 152 were environment-related, and 6 were employment-related offenses. Delek paid approximately $950,000 in penalties for safety-related offenses since 2000. In 2009, OSHA cited Delek’s Tyler, TX refinery for 30 safety violations after a fire and explosion claimed 2 workers' lives and injured 3 others. The alleged violations included 1 willful violation and 29 serious violations, specifically related to the company’s failure to “adequately maintain and repair processing equipment” and its violation of safety standards involving asbestos, fire extinguishers, benzene, and electricity.
What Should I Do if I Was Injured at a Delek Refinery?
If you were injured while working at any of Delek’s four U.S. refineries, seek medical attention as soon as possible. Then, talk to an attorney about your rights and responsibilities. You need to inform your supervisor or manager of what occurred, and you may need to file a workers’ compensation claim to ensure your medical bills and lost earnings are covered. If workers’ comp does not apply, you can file a personal injury claim to seek compensation for your injuries and expenses. At Arnold & Itkin, we have a proven track record handling refinery accident cases for workers across the country. Our team knows exactly how to protect the rights of Delek refinery workers like you.
What Responsibilities Does Delek Have to Protect Its Workers?
Like any oil or gas company, Delek has a legal obligation to comply with OSHA safety standards and all applicable state and federal laws related to workplace safety. If Delek violates these standards and workers or other people are injured as a result, Delek should be held responsible. Going up against a company that netted $305 million last year won’t be easy, but it’s possible with an experienced legal team like ours. Our firm has what it takes to face off against multi-million- and even multi-billion-dollar corporations and win. We’ve recovered billions of dollars in compensation for our clients, driven by our passion to hold companies accountable for putting profits over safety.
Who Is Responsible for Gangway Accidents?
Ultimately, it’s the responsible of owners and operators to make sure their vessels are safe to use. This includes making sure no one is injured because of unsafe gangways or boarding procedures. Vessel owners must make sure their crew is trained to follow safe procedures and has the equipment needed to protect all boarding passengers.
What Can I Recover With a Gangway Accident Law Firm?
While a company might offer a settlement, a gangway accident lawyer will work to make sure that settlement is in your best interests. Our firm will work to recover losses such as medical bills, pain and suffering, and any lost wages associated with your injuries. Every situation is different and the best way to know your options is by calling our team at (888) 493-1629.
How Much Does Hiring a Boarding Injury Lawyer Cost?
Hiring our help costs nothing upfront. To make our services attainable, we work on a contingency fee. In other words, we take on all costs of a case and only collect a payment if we secure results.
I Was Injured at a Devon Energy Oilfield. Can You Help?
If you were working at an oilfield, plant, or treatment center operated by Devon Energy or any of its subsidiaries, we are here for you. Our firm has a long and successful history representing oil and gas workers in cases against multi-billion-dollar corporations like Devon Energy. Get the medical attention you need, and then contact Arnold & Itkin to find out what we can do to protect your interests.
Our goal will be to help you get the medical care you need and the financial support you deserve to put the pieces of your life back together.
What Should I Do After a Devon Energy Oilfield Accident
You need to take three steps immediately after an oilfield accident:
First, seek medical attention. Second, inform your employer. Third, talk to an attorney.
When you take these steps, you’ll be protecting your health and your right to compensation. Acting fast will also help you avoid common missteps or issues that could delay your claim or even jeopardize your right to full compensation for your injuries. Because these cases are complex and typically involve catastrophic injuries, you’ll need a legal team with the experience and resources to deal with Devon Energy Corporation and any other interested parties.
What Type of Cancer Has Shower to Shower Been Linked To?
Talcum powder, the main ingredient for Shower to Shower, has been linked to two types of cancers: mesothelioma and ovarian cancer. Mesothelioma occurs when asbestos-contaminated talcum powder is inhaled by users. While the mechanisms that cause ovarian cancer are still being researched, it’s believe that talcum powder makes its way through the vagina and into the ovaries. Here, it somehow irritates the tissue and triggers the development of cancer in cells there. The World Health Organization asserts that there is no acceptable amount of exposure to asbestos.
Does Devon Energy Have a Good Safety Record?
According to a report by Good Jobs First, Devon Energy Corporation has had 16 environmental-related offenses and 12 safety-related offenses since 2000. These have included offshore drilling violations, environmental violations, workplace safety and health violations, and railroad safety violations. Combined with penalties for government-contracting-related offenses, the company paid approximately $15.9 million in penalties since 2000.
Each oil and gas company has an obligation to protect its workers and the environment. When they fail to uphold this obligation, innocent people will be injured, wildlife will suffer, and water sources will be contaminated. Our firm is here to see that negligent companies are held accountable for their wrongdoing.
How Much Does Hiring a Talcum Powder Lawsuit Attorney Cost?
Our firm operates on something known as a contingency fee. This means that we handle all costs associated with a talcum powder lawsuit and only collect a fee if we win results for you. Contingency fees make our services attainable for all types of clients, regardless of their economic background.
What Can I Recover Through a Talcum Powder Lawsuit?
Our firm focuses on recovering all losses associated with the effects of a dangerous product such as talcum powder. We’ll fight to obtain compensation for medical bills, lost time at work, pain and suffering, and any other type of damage talcum powder caused for you. If talcum powder caused cancer that claimed the life of your loved one, we’ll fight to recover their lost wages, medical bills, funeral expenses, loss of consortium, and more.
What Was the Largest Exxon Oil Spill in History?
The Exxon Valdez disaster is the largest spill in the company’s decades-long history. The Exxon Valdez oil spill released 11 million gallons onto 1,300 miles of Alaska coastline. Experts estimate that it killed billions of salmon and herring eggs, decimating food sources for local indigenous populations as well as the fishing industry. To this day, the oil continues to cause damage to the environment of Prince William Sound and the city of Valdez.
Was ExxonMobil Ever Punished for the Exxon Valdez Oil Spill?
For their role in the damage, ExxonMobil was fined $5 billion in punitive damages, or less than a third of their annual profits in 2017. They appealed the decision twice, shrinking the fine down to a tenth of its original size. Exxon Valdez was renamed and transferred to a child company with less liability, and it still operates today.
What Is the Most Recent Accident at an ExxonMobil Site?
In July 2019, an explosion occurred at the ExxonMobil Olefins plant in Baytown, Texas. It was the second accident to occur at that plant in a five-month period. Nearly 40 people were injured in the explosion, many of them suffering serious burn injuries. The cause of the explosion has not yet been publicized as of this writing.
When Should I Call a Spring Personal Injury Lawyer?
After a serious accident or injury, it’s important to talk to an attorney as soon as possible. Seeking legal counsel may not be the first thing on your mind, but it’s the first thing that the insurance company and any at-fault parties (particularly large corporations) will be thinking about. They will try to protect their bottom line, often at the expense of good people like you, who are dealing with the emotional and physical aftermath of an accident. Protect your interests and your rights by involving a legal professional who can advise you and protect you. At Arnold & Itkin, your initial consultation is always free, and we’re always standing by to offer our friendly guidance and experienced insight. You can count on it.
Who Is Responsible for My Injuries? Who Can Be Held Accountable?
Any individual or company can be held legally responsible, or liable, for causing harm to another person – even if this was unintentional. Personal injury lawsuits cover injuries caused by negligence, carelessness, intentional wrongdoing, and other scenarios where a person or business has failed to uphold their duty to prevent causing harm. Examples of at-fault parties may include the following: the manufacturer of a car seat that produces a batch of seats with defective buckles, which become unlatched in collisions; a trucking company that hires inexperienced or unlicensed drivers, leading to a deadly truck accident; or an oilfield operator that fails to replace aging equipment, resulting in a fire that takes out an entire facility. The idea is simple: when someone causes harm, they should be held accountable.
How Long Do I Have to File a Personal Injury Case in Spring, Texas?
People who have been injured do not have an unlimited time to come forward with lawsuits against responsible parties. There is a statute of limitations that requires personal injury actions be filed within two years of the date of the accident/injury. If the victim was a minor at the time of the incident, however, that 2-year limit does not begin until the victim turns 18. If you have questions about when you need to come forward with a case and whether you need legal counsel, our Spring, TX personal injury lawyers will be happy to provide the information you need. All you have to do is give us a call at (888) 493-1629 to get started!
Why Do Truck Accidents Happen?
Pay-by-mile incentivizes drivers to haul as fast and for as long as they can. In trucking school, drivers are told that if they're as efficient as possible, sleeping minimally and taking breaks infrequently, they'll be able to make a good living. New drivers aren't trained on how to load their own trailers, making them dependent on whomever the freight provider hires to load it. Drivers are sold solutions that minimize their involvement in the process—all they're told to do is haul for long stretches, resent federally-regulated rests and resets, and stretch their hours of service to the limit. This has created an industry of exhausted, overworked drivers who are barely making enough to make a living. All of us are paying for their exhaustion—for instance, experts estimate that 1 in 8 truck crashes are caused by fatigue. The number may be even higher, as drivers often don't report fatigue voluntarily.
Who Is Responsible for a Truck Accident?
It depends. In most cases, the truck driver involved in your accident will be a direct employee for the trucking or shipping company, which makes the company legally and financially liable for your injuries. However, there are many truck drivers out there who are “self-employed contractors,” who are technically not trucking company employees. Regardless, if your lawyer can prove that the trucking contractor was leasing the truck from the shipping company and did not have control over how their work was conducted, you may be able to prove that there was an employer-employee relationship.
How Do I Rebuild My Life After a Truck Accident?
When a trucking accident happens, the company immediately sends out investigators to cover their liability and sweep the causes of the accident under the rug. Regular people and employees deserve to have their own investigator working to reveal why they were injured in a devastating truck accident. That's what our AAA Cooper truck accident lawyers provide. We cover each case from beginning to end. Every investigative expense, every court fee, and all of our time and effort comes out of our pocket. Our firm only wins if you get a recovery—and if you don't win, then we pay for it. Our clients either get money or they pay nothing. It all begins with a free consultation with one of our trucking lawyers.
How Many FedEx Trucks Are Involved in Accidents Each Year?
According to the Federal Motor Carrier Safety Administration (FMCSA), from August 2018 through July 2020 FedEx Ground Package System’s trucks were involved in 2,145 crashes throughout the United States. 61 of these were fatal, 695 caused injury, and 1,389 were classified as towaway crashes, where one or more vehicles were towed from the scene. Because these trucks are large, heavy, and cumbersome, they are more difficult to maneuver and can cause serious accidents if they are driven in a careless manner or are not properly loaded or maintained. The FMCSA performed over 14,000 inspections on FedEx Ground vehicles from August 2018 through July 2020, and just under half yielded evidence of violations.
What Types of Unsafe Driving Can Cause a FedEx Accident?
Of the 3,205 unsafe driving violations noted by the FMCSA from August 2018 through July 2020 involving FedEx Ground vehicles, these included failure to wear a seatbelt, speeding, failure to obey traffic control device, using a hand-held phone while driving, following too close, improper lane change, failure to yield the right of way, improper turn, texting while driving, improper passing, inattentive driving, and reckless driving.
There were many other types of violations. Any of these can cause a serious collision that leaves one or more innocent people injured or even killed. That’s why it is so important to hold negligent truck drivers accountable and to demand that FedEx and other shipping companies instill the highest safety standards in all drivers.
My Car Was Hit by a FedEx Truck. Do I Have a Case Against FedEx?
If you were driving and were involved in an accident with a FedEx truck, you might wonder who’s responsible. FedEx or one of its subsidiaries may be accountable, but it will take a full investigation into the specific cause of your accident to determine liability. With our resources and knowledge of motor vehicle accidents—specifically those involving delivery trucks—we at Arnold & Itkin can get to the bottom of your collision and help you pursue the financial support and medical care you need.
That's why our FedEx truck accident lawyers level the playing field. We use adjusters and investigators of our own to put pressure on trucking companies, forcing them to own the damage they cause—and many of them do just to avoid meeting us in court. Our trial law firm has helped our clients win billions of dollars to pay for medical care, replace their lost income, and rebuild their lives.
Do You Help JB Hunt Truck Drivers, or Only Other Motorists?
Our firm represents both truck drivers and other motorists who’ve been injured in accidents involving JB Hunt Transport vehicles. Far too often, we have seen truck drivers pressured into working long hours or coerced into driving vehicles that have not been properly inspected, maintained, or loaded. By uncovering the true cause of a truck accident, we hold negligent corporations responsible for putting profits over safety. Whether you were in another vehicle, were driving for JB Hunt, or were a pedestrian or cyclist struck by a JB Hunt truck, you can turn to Arnold & Itkin for experienced legal counsel.
How Do I Know If JB Hunt Was Responsible for My Truck Accident?
Carriers, loading companies, truck manufacturers, and other companies may be responsible for trucking accidents on Texas roadways. Whether JB Hunt Transport is responsible for your accident will depend on the facts and circumstances. By investigating your case, we’ll uncover the cause of your collision and determine who should be held legally responsible. No matter what, you can count on the fact that we can bring any opponent to justice—no matter their size or resources. Our truck accident attorneys are known for handling some of the biggest and most challenging cases in the nation and winning.
What Are Damages That Could Be Awarded in a JB Hunt Truck Accident Claim?
If you file a personal injury lawsuit after a JB Hunt Transport truck accident, you can pursue compensation for economic and non-economic damages. This might include money for medical care, future medical treatment, physical therapy, medical supplies, assistive devices, lost income, and pain and suffering. These damages cover losses you have already experienced and may experience into the future as a result of the accident. It is meant to help you return your life to the condition it was in before the accident. Of course, that may be impossible after a serious collision, but recovering fair and full compensation can help you build a more stable future. It can also bring some peace of mind in knowing that the responsible party has been found and held accountable.
How Do You Investigate Old Dominion Freight Line Accidents?
Investigating any truck accident, including one involving an Old Dominion Freight Line vehicle, requires the right personnel and resources. Our firm uses talented investigators and accident reconstruction specialists to analyze the physical evidence, review truck driver logs, and compare this information against other documentation such as receipts, shipping logs, and more. We will paint a clear picture of the events leading up to the collision and determine what factor (or factors) led to its occurrence. An in-depth investigation allows our truck accident team to build the strongest possible case against the defendant/s.
What Compensation Can I Receive After an Old Dominion Truck Accident?
If you were driving for Old Dominion Freight Lines or were hit by a truck owned by this freight company, you may be entitled to financial support to help you rebuild. Truck drivers may be able to file workers’ compensation claims or third-party personal injury lawsuits for their injuries. Other motorists, pedestrians, or cyclists may be able to file personal injury claims against Old Dominion or whatever party is responsible for the collision.
Compensation in a truck accident claim may cover lost earnings; loss of future/potential earnings; medical expenses; ongoing medical care; emotional trauma; and pain and suffering. When full compensation is provided to the victim of a freight truck accident, this opens the door to a more stable future—financially, emotionally, and physically.
When Should I Call an Attorney?
We recommend seeking legal help as soon as possible after a truck accident. Old Dominion Freight Line will launch an investigation right away, and you’ll need someone in your corner to protect your interests. At Arnold & Itkin, we offer a free consultation to answer your questions and help you get started. If we take on your case, you’ll pay no upfront costs. Because we work on contingency, you’ll pay no legal fees at all unless we secure a settlement or award on your behalf. There’s no risk and so much to gain by involving our experienced team.
I Was Hit by a Prime Inc. Truck. Who’s Responsible?
If you were involved in a collision with a truck operated by Prime Inc., you may have some idea of your accident’s cause. Perhaps the truck changed lanes into your vehicle, or you were hit from behind when you braked for traffic. By talking to witnesses and piecing together physical evidence, investigators and accident reconstruction specialists can determine what factors contributed to the accident—and who is to blame. For example, if a Prime Inc. truck driver veered into your lane, it could have been an unbalanced load that caused him to lose control. If you were rear-ended, the truck driver could have been looking at her phone. The responsible party will be the one that was the most to blame for the accident.
Do I Really Need an Attorney After a Truck Accident?
No matter who you are—a truck driver, a motorist, a pedestrian, or a cyclist—if you were injured in an accident involving a Prime Inc. vehicle, you will benefit from involving an attorney. The trucking company is already trying to build a case to protect themselves from being held liable for your injuries. You need someone on your side, protecting your interests and making sure you have access to the medical care and financial support you need now and into the future. That’s what our team at Arnold & Itkin does. We stand up for the injured and their families.
How Will Prime Inc. Try to Avoid Liability After a Trucking Accident?
Carriers like Prime Inc. may use various strategies to try to avoid liability for accidents involving their vehicles. They will investigate the collision to try to see if you could be held to blame in any way. They may try to find evidence that you were looking at your phone or were otherwise distracted. They may try to blame a hazardous roadway. They may even use delay tactics or offer an unfairly low settlement to try to pressure you into accepting far less than what you deserve. These strategies are shady and downright illegal in some circumstances. Make sure you have a firm like Arnold & Itkin to expose and destroy these strategies.
How Are Truck Accident Claims Different Than Other Cases?
When a large truck is involved in a traffic accident, the resulting damage is often more severe. The catastrophic nature of truck accidents makes them particularly challenging—and important—for an attorney to handle. You need a legal team that understands what makes truck accident cases unique.
In dealing with a Schneider truck accident claim, this may include any applicable state and federal trucking regulations, common liability issues regarding truck operators and their employers, and truck accident-specific causes and contributing factors. No two trucking accident cases are the same. You need to be certain that your choice in counsel is well-versed in issues not only specific to truck accidents but to cases involving Schneider National. That’s the type of experience Arnold & Itkin brings.
How Do I Know If Schneider National Is Responsible for My Accident?
Legal responsibility, or liability, is a key issue in a truck accident case. Was the accident the truck driver’s fault? Did another motorist cause the crash? Did Schneider push its drivers to work beyond hours-of-service regulations? Was the truck improperly loaded or negligently maintained? There are many different potential causes of truck accidents, and whether Schneider National or another company is to blame will only be determined by a thorough investigation into your unique collision. Our firm has the resources and personnel to conduct these complex investigations—and build compelling cases to prove liability inside and outside the courtroom.
I Was Hit by a Schneider National Truck. When Should I Involve a Lawyer?
If you were driving, biking, or walking, and you were hit by a truck operated by Schneider National, you should involve an attorney as soon as you can. You can bet that they are already investigating the incident and putting together strategies to limit their liability. Hiring your own attorney gives you an edge, someone who is on your side fighting for your interests. At Arnold & Itkin, we offer free initial consultations to talk about your needs. We also work on contingency, which means you pay no upfront costs and no legal fees at all unless we win your case. We’re truly here to help.
Can Negligence Lead to a Stevens Transport Truck Accident?
Negligence can be defined as a failure to act with proper care. When you’re talking about a carrier like Stevens Transport, that operates nearly 2,000 commercial vehicles, a single act of negligence can be catastrophic. Large trucks weigh tens of thousands of pounds when fully loaded. If a truck operator is careless, a truck part is improperly maintained, or the company demands hours that leave drivers exhausted, this can lead to serious injuries or even death.
The following are acts of negligence that can contribute to truck accidents: making an improper lane change; driving too fast for current road/weather conditions; failing to properly inspect or maintain a truck and its parts; overloading a truck; failing to secure a truck’s cargo; recklessly merging into traffic; and texting or other mobile phone use.
How Is Fault Determined in a Truck Accident?
In an accident with a large truck, such as one operated by Stevens Transport, the determination of fault is an essential part of helping a victim (or victims) recover fair compensation. When we take on a case like this, we often work with investigators and accident reconstruction specialists to analyze the incident and determine any and all factors that contributed to the crash. Sometimes, fault does not lie with one of the drivers but with a hazardous condition on a road or a defective truck or auto part. By getting to the bottom of what caused the accident, we can assign fault and help our client recover money for medical bills, ongoing treatment, lost earnings, and often more.
I Was Injured While Driving for Stevens Transport. What Can I Do?
If you were driving for Stevens Transport and were seriously injured in an accident, you should talk to an attorney. Depending on the case, you could be entitled to workers’ compensation or have grounds for a personal injury lawsuit. Some companies cut corners when it comes to maintenance, loading, or repairs. They put truck drivers at risk by demanding long hours that violate federal trucking regulations. When they put profits over safety, they should be held accountable—and that’s what we can help you with here at Arnold & Itkin.
What Causes Oilfield Accidents?
Oilfield accidents occur in a variety of ways. Yet, there’s almost always one common factor involved with all of them: negligence. Too often, companies fail to maintain worksites, provide safety equipment, or make sure workers have the training required to do their job right. When this happens, at-fault companies should be held accountable for the suffering they’ve failed to prevent.
How Can a Pioneer Natural Resources Accident Lawyer Help?
Our team will focus on helping you recover financially from an accident. We’ll work to help you recover any losses caused by the accident including lost wages, medical bills, loss of future income, pain and suffering, and any other financial recovery you need.
Should I Accept a Settlement from My Employer?
You should never accept a settlement before speaking with our Pioneer Natural Resources claim lawyers. Often, settlement offers are lower than they should be. If an injured worker accepts a settlement, it means that they’ll waive their right to pursue fair compensation. Our team will look at your offer and help you decide if accepting is in your best interest. If the company isn’t being fair, we’ll demand the fair compensation you deserve.
What Are Some Potential Causes of Swift Transportation Truck Accidents?
Accidents involving 18-wheelers and other large commercial vehicles may be caused by driver negligence, defective vehicle parts, and dangerous roads—like any traffic collision. They also have causes that are unique to trucks, which include imbalanced or unsecured loads and overloaded vehicles. Companies like Swift Transportation are held to strict safety standards when it comes to driving hours, vehicle maintenance, and loading cargo. Swift Transportation has been linked to safety violations involving drivers operating their vehicles for too many hours in a day, texting while driving, speeding, driving while fatigued, and more. From 2016 to 2018, the company’s fleet has been involved in traffic accidents that caused 70 deaths and 883 injuries.
How Will You Determine What Caused My Truck Accident?
If you were injured in a traffic accident with a Swift Transportation vehicle, you probably have a lot of questions. One of the most important is how the cause of the crash can be determined—which will influence who will pay your claim and even what it’s worth. In our firm’s experience handling trucking accident cases across the U.S., we’ve amassed a considerable amount of knowledge and experience that helps our investigators, accident reconstruction specialists, experts, and attorneys build powerful cases against large companies like Swift Transportation. We’ve represented David and taken on Goliath time and again—and won billions for our clients.
Can You Help If I’m a Swift Transportation Truck Driver Who Was Injured?
Yes. Our team represents truck drivers who have been injured through no fault of their own while driving for companies like Swift Transportation. These cases can be highly complex, depending on truck ownership, whether you’re classified as an independent contractor, and what company or companies were responsible for maintaining and loading your vehicle. Fortunately, our truck accident attorneys have the resources and manpower to investigate these collisions and determine fault. We know when truck drivers are taken advantage of or put in situations where they can’t stay safe on the road, even when they’re experienced and follow all the rules.
Do UPS Trucks Have Dash Cameras?
UPS trucks are equipped with cameras that record what drivers are doing at all times. If you were involved in an accident with a UPS truck, the footage from one of the truck’s camera could prove useful in investigating the cause of the collision and whether the driver was to blame. UPS even uses sensors inside their trucks that record whether the doors are open, whether the driver’s belt is buckled, and how hard the driver applies the brakes. Reviewing this information and comparing it against witness accounts and other evidence will help our investigators and attorneys determine cause and fault.
What Are Some Potential Causes of UPS Truck Accidents?
An accident involving a UPS truck may be caused by negligence on the part of the UPS driver or another motorist. It may also be caused by a defective truck part, packages falling out of the back of a UPS truck, negligently maintained truck parts, or dangerous roads. UPS drivers are trained to make every moment count—to deliver their packages and drive their routes in the most efficient way possible. If they speed, drive recklessly, or get behind the wheel while tired, this will place everyone on their route in danger. Our team has the resources and personnel to accurately determine the cause of your UPS accident and determine who should be held liable for your injuries.
Can I Sue UPS If I Was Injured in a Crash with One of Their Vehicles?
If you were injured in an accident with any UPS truck, you may have a case against the company—if it was responsible in some way. You may be able to sue for your medical care, ongoing treatment, damage to your vehicle and personal property, lost earnings, emotional trauma, and possibly more.
UPS could be responsible for a truck accident traced back to negligent hiring practices, failures to perform background checks, improper truck maintenance, violations of drug testing regulations, hours-of-service violations, improper loading practices, or improperly secured packages. A proper investigation can expose all factors that contributed to your accident and the party (or parties) that should be held responsible.
Why Do I Need an Attorney for My YRC Freight Accident Case?
If you were injured in a truck accident involving a YRC Freight vehicle, you need an attorney’s insight, guidance, and protection. Collisions with large trucks often cause significant property damage and life-changing injuries. The trucking company and their insurance provider are not going to willingly pay a large settlement to cover all of your losses. You’ll need someone in your corner who knows how to assert your rights and put the right amount of pressure on the at-fault party to secure a result that’s in your best interests. When no one else is looking out for you after a truck accident, you can turn to Arnold & Itkin for experienced, powerful counsel.
Can Your Firm Help If I Was Driving for YRC Freight?
If you are a truck driver and you were injured in an accident while driving for YRC Freight or any company, our team can help you. We’ve successfully represented truckers in complex cases involving collisions and other on-the-job accidents that they had no part in causing, and yet they were left with catastrophic injuries. Our truck accident attorneys can get to the bottom of the incident to determine who is to blame and how to get you the medical treatment and financial support you need.
What Are Some Typical Causes of Truck Accidents?
YRC Freight accidents and all trucking collisions are often caused by some sort of negligence or misconduct on the part of a person or company. This may include a truck driver, a loading company, a supervisor, a mechanic, or YRC Freight itself. Regardless of what caused your accident, you should know that you have the right to recoup your losses. Our truck accident lawyers know how to deal with companies like YRC Freight. We have the resources and funding to investigate and build your case as strong as it can possibly be. And we never back down when we fight on behalf of the injured. We seek the best result in every case.
What Types of Compensation Can I Recover?
You may be entitled to economic and non-economic damages in a personal injury lawsuit. Economic damages may cover financial losses related to medical bills, ongoing treatment, lost earnings, and loss of future wages. Non-economic damages may include pain and suffering, emotional trauma, loss of enjoyment of life, and similar injuries. Recovering a fair settlement or award can help you begin to rebuild and move on with your life.
How Can a Tyler Personal Injury Lawyer Help Me?
An attorney can help by handling every part of your case so you don't have to. That includes talking to the insurance company and other important parties, investigating to find what caused your accident, filing a case on your behalf, determining the fair value of your claim, negotiating with the at-fault parties to seek a fair settlement, and even taking your case to court if needed to seek a favorable result. While you focus on healing and spending time with loved ones, your Tyler personal injury lawyer can take care of everything else.
The Insurance Company Offered a Settlement. Should I Take It?
It's important not to sign a statement or accept a settlement until you've had your attorney look it over. Insurance companies are notorious for offering low settlements that do not cover the full extent of a person's losses and expenses. It's also far too easy to sign paperwork that limits your ability to recover compensation or that even places part or all of the blame for the accident on your shoulders. Work closely with your lawyer to make sure you are not taken advantage of or tricked in any way.
Do I Have to Go to the Company Doctor After a Work Injury?
If you were injured at work, your employer may want you to see a certain doctor. If you see that doctor and are not satisfied with the care you received, however, you have the right to request to see a different medical professional. Because every case is different, we recommend that you talk to your attorney about your rights and options.
What Will It Cost to Hire a Tyler Injury Attorney at Your Firm?
Our Tyler, TX personal injury firm handles cases on contingency. We do not charge upfront costs and will not get paid for any of our legal services unless we win the case. Only when we've recovered a settlement or award on a client's behalf do we recover our fees. There's no risk to our clients.
When Should I Involve an Attorney?
If you've been injured in any type of accident, we recommend contacting an attorney as soon as possible. Even in the early stages of a case, an attorney can step in and start protecting your interests. This may include handling communication with the insurance company, gathering evidence to support your case, and offering guidance related to any of a number of things, from whether to sign a statement to what not to post on social media. Through every step of your case, a competent Waco injury lawyer can fight for your rights.
What's the Cost of a Waco Personal Injury Lawyer at Arnold & Itkin?
At Arnold & Itkin, we handle personal injury cases on a contingency basis. This means that we only get paid if our clients do. We also do not charge upfront costs related to investigating our clients' cases and other steps involved in the negotiation and litigation process. You do not have to worry about paying anything in advance, and if we take on your case, we'll only collect our fees if we negotiate a settlement or win an award on your behalf.
How Long Do I Have to File a Personal Injury Lawsuit?
In Texas, there is a two-year statute of limitations on personal injury lawsuits. This means you have two years from the date of the accident to file a case. If a minor was injured, however, the statute of limitations does not begin until their 18th birthday. For more information and other exceptions, we recommend that you talk to an attorney about your unique situation, needs, and concerns.
What Can I Claim in a Personal Injury Lawsuit?
Plaintiffs can claim any financial losses that resulted from or were related to their injuries. At minimum, that includes medical costs, future treatment costs, lost wages due to hospitalization, lost earning capacity due to permanent harm, and other economic damages. Catastrophic injuries can also allow plaintiffs to claim noneconomic damages like physical pain and suffering, emotional and mental anguish, loss of quality of life, and loss of consortium.
How Much Is My Case Worth?
The answer to that question depends on what you’ve lost or will lose in the future as a result of your injuries. What sets our firm apart is our ability to see the whole picture of our clients’ lives. We hire economists, healthcare experts, financial planners, and other specialists to calculate the full financial impact of each client’s injuries. As a result, we’re able to building convincing case that equips juries to provide our clients with the full value of their recovery. To determine the worth of your case, you’ll need to speak with our firm in a free consultation. Once we understand the specifics of your case, we can let you know what the worth of your case is and how we can fight to get everything you need to move forward.
How Much Does It Cost to Hire Your Weslaco Personal Injury Lawyers?
Upfront, it costs our clients nothing to hire us. We take cases on a contingency fee basis, which means we completely cover the cost of investigation, preparation, and litigation. In return, we ask for a percentage of the award or settlement. If we don’t win, our clients owe us nothing. We take 100% of the risk so injured people can focus on healing and rebuilding their lives.
What Should I Do If the Insurance Company Offers Me a Settlement?
If you were injured in an accident, you or the other party’s insurance company may call to try to get a formal statement, offer a settlement, or ask you to sign a release or other paperwork. You need to be very careful about what you say and sign. Admitting fault, depositing a settlement check, or signing a release could limit your compensation and close your claim—leaving you high and dry.
If you were seriously injured, your personal injury claim could be worth a significant amount of money. This money could cover your medical treatment, including ongoing therapy and care, lost earnings, loss of potential income, and even emotional trauma like pain and suffering. Don’t sell yourself short or carry the blame for an accident you didn’t cause. Protect your interests with a skilled attorney in your corner.
How Long Do I Have to Come Forward with a Personal Injury Lawsuit?
In Texas, you have two years from the date of your accident or injury to come forward with a personal injury lawsuit against the at-fault party (or parties). This is called a statute of limitations, and if you do not file suit within this timeframe, you may lose the right to do so. If a minor is injured, however, the 2-year statute of limitations will not start until he or she reaches the age of 18.
What Are the Benefits of Working with a Local West Texas Injury Lawyer?
Minor traffic accidents and slight work injuries are often resolved with little to no intervention by attorneys. Insurance companies may pay these smaller claims with very little fuss, and you may find it easy to return to your normal life. After a serious accident or injury, however, the road to recovery is long and difficult. The value of such a claim may be considerable, and the insurance carrier will do everything they can to limit its value, delay payment, or even deny coverage altogether.
Finding a local attorney who has experience in personal injury actions can make all the difference. Instead of wondering how you’ll get the medical treatment you need and still pay your bills, you’ll have a professional fighting for your interests and future. At Arnold & Itkin, we know the local courts, judges, and legislation. Our personal injury lawyers have fought for—and won—billions of dollars in compensation for our clients. We’re here to help you get the support and care you need to rebuild.
How Can a West Texas Catastrophic Injury Attorney Help?
Our firm will focus on making sure you have the compensation required to live as comfortable as possible with your injuries. Since catastrophic injuries have lifelong repercussions, we fight for the recovery of things such as lost wages, medical bills, the cost of future care, and any other loss associated with your injuries.
Is Hiring a Personal Injury Law Firm Expensive?
Our firm works on something known as a contingency fee. This means that we cover all costs associated with a case and only collect a payment if we win results for clients. Working this way makes our services attainable and help relieve some of the financial burden the people who turn to us are already experiencing.
Why Is the Jones Act Important?
Before the Jones Act, injured offshore workers were only able to obtain maintenance and cure from their employer. In other words, they were only able to obtain compensation for immediate medical care and the cost of living as they recover. The Jones Act enables workers to hold their negligent employer accountable by pursuing damages including lost wages, medical bills, the cost of future care, and much more.
Do I Have to Use My Company Doctor?
No. Company doctors might not act in the best interest of injured seamen. If you’re taken to a company doctor, you have the right to receive a second opinion or request to see a private doctor if it doesn’t place your health at risk.
Should I Accept a Settlement Before Speaking to a Jones Act Lawyer?
No. While you’re right to hope that your company is treating you right, they likely aren’t. Initial settlements are purposefully low because, once a worker accepts one, they are unable to pursue their employer for further damages. Speaking to a Jones Act lawyer will help you decide if the company’s offer is fair or if you should demand an amount that is fair and appropriate for your injuries.
Who Is Covered by the LHWCA?
The LHWCA covers numerous offshore and maritime occupations including harbor workers, shipbuilders, ship repairers, and longshore workers.
For an employee to be covered by the LHWCA, he or she must be injured in a location outlined under the list mentioned above. A non-traditional employee may be covered under the LHWCA if injured on navigable waters.
Who Is Covered Under LHWCA Extensions?
The Longshore and Harbor Workers' Compensation Act (LHWCA) has been extended to incorporate specific beneficiaries. The Defense Base Act (DBA) notably includes private employees situated on U.S. military bases, contractors engaged in public work contracts for the U.S. overseas, those vending military provisions to U.S. allies, and maritime personnel supporting the Armed Services outside the U.S. Meanwhile, the Outer Continental Shelf Lands Act (OCSLA) caters to those working on the U.S. Outer Continental Shelf, predominantly in roles related to natural resource exploration, such as offshore drillers. Lastly, the Non-Appropriated Fund Instrumentalities Act (NAFIA) encompasses individuals who bolster the nonappropriated fund branches of the Armed Forces, roles which may range from counselors to motivational speakers aiding in the morale and wellness of military personnel.
Who Is Excluded from the LHWCA?
Seamen, government employees, intoxicated employees, employees who harm themselves, and various workers covered under state workers’ compensation law are excluded from the LHWCA.
How Does the Jones Act Differ from the LHWCA?
The Jones Act and the LHWCA accomplish the same goal: workers’ compensation for a group of workers. However, the outlined group of employees differ between the two acts. Under the LHWCA, maritime workers who do not “directly aid in the function or mission of a sea vessel” are covered. The Jones Act covers employees who “directly aid in the function or mission of a sea vessel.”
Who Upholds the LHWCA?
The Office of Worker’s Compensation Programs (OWCP) carries out declarations of workers’ compensation cases among employees covered by the LHWCA. In scenarios where claims are denied, LHWCA attorneys who try cases, such as those on our team, can help a claimant seek compensation.
Am I Automatically Covered by the LHWCA as a Maritime Employee?
While you will be covered by the LHWCA automatically as an employee that meets the LHWCA requirements for coverage, you are not guaranteed compensation under the LHWCA. If you sustain an injury while working in LHWCA conditions, you will have to file with the OWCP. OWCP can deny your claim, or your employer can contest it. For these reasons, it is important that you have an LHWCA law firm behind you should your claim be denied.
What Rights Do I Have as an Injured Offshore Worker?
If you’re an injured offshore worker, you are protected by the Jones Act. This outlines and protects your right to file suit against your employer if their negligence caused you harm. You can also file a lawsuit if you were injured because the vessel you were working on was unseaworthy. The Jones Act allows you to seek financial compensation not only for medical bills and lost wages but also for pain and suffering, loss of future income, disfigurement, and mental distress. The Longshore and Harbor Workers Compensation Act also protects the rights of injured offshore workers, covering medical expenses and missed work or incomplete voyages.
How Long Do I Have to Bring a Jones Act Claim After an Offshore Accident?
The statute of limitations for offshore injuries under the Jones Act is three years. This means you have three years from the date of your injury to file suit. Once three years have passed, you may lose your right to file a Jones Act claim unless you did not show signs of an injury or were not diagnosed until after the incident. If you were working on a vessel owned by the U.S. government, you must submit your claim in writing to the government, wait six months, and then file suit. After that six-month waiting period, you have only two years to file your lawsuit.
What if Someone Other Than My Employer Was Involved in My Offshore Accident?
If someone other than your employer was responsible for your injuries in an offshore accident, you can still take legal action. The Jones Act may not apply if your employer acted with proper care, but you could file a lawsuit under general maritime law. For example, a product liability lawsuit may be filed against the manufacturer of a defective piece of equipment or machinery, such as a crane, winch, pulley system, engine, door, latch, etc. If your employer was negligent and a third party was also responsible, you could have both a Jones Act claim and a personal injury lawsuit.
What Causes Oil Rig Accidents?
Oil rig accidents may be caused by overlooked safety standards, aging equipment, carelessness, or poor rig maintenance. Working on a rig is dangerous, with 12-hour shifts and exhausting labor, not to mention dealing with combustible substances and heavy machinery. Even the journey by helicopter or boat to an offshore rig can be dangerous. Workers shouldn't have to deal with unsafe working conditions, but many do every single day—until they're seriously injured in preventable accidents. Our Houston, Texas oil rig injury law firm is here to help. If you were injured, let our team determine the cause of your accident so we can seek justice on your behalf.
Who Is Liable for Oil Rig Accidents?
Liability for oil rig accidents can involve several parties, including the rig's owner or operator, the employer, equipment manufacturers, maintenance service providers, contractors, and even crew members or colleagues, depending on the cause of the incident. If an accident results from operational failures, inadequate safety measures, defective machinery, or individual negligence, any of these entities could be held responsible. Identifying who is liable demands a detailed investigation into the circumstances surrounding the accident, which often requires experience with personal injury and maritime law, as well as an understanding of the complex operations of oil rigs.
What Damages Can I Claim After an Oil Rig Accident?
Following an oil rig accident, you may be entitled to claim various damages to compensate for both tangible and intangible losses. These can include medical expenses for both immediate and future care, lost wages for time missed from work and any diminished future earning capacity, and compensation for pain and suffering. Additionally, you might claim for loss of quality of life if the injuries significantly impact your daily activities, as well as for rehabilitation costs, disfigurement, and scarring. In instances of egregious negligence, punitive damages may also be awarded to deter similar future conduct. The specific damages applicable to your case will depend on the injury's severity and its effects on your life, making the guidance of experienced attorneys vital to ensure comprehensive compensation.
Does Maritime Law Cover Oil Rig Accidents?
Yes, maritime law covers oil rig accidents, particularly those occurring on or near navigable waters. The Jones Act, a pivotal piece of maritime legislation, provides protections to seamen who are injured in the course of their employment, allowing them to seek compensation from their employers for negligence. Workers on offshore oil rigs, drill ships, and other sea-based oil extraction facilities often qualify as seamen under this law. Additionally, the Outer Continental Shelf Lands Act (OCSLA) extends federal workers' compensation benefits to those working on oil rigs and platforms located on the Outer Continental Shelf, covering injuries even when traditional maritime law might not apply. These laws ensure that workers injured in oil rig accidents have avenues to seek compensation for their injuries.
What Injuries Can Be Caused by Oil Rig Accidents?
An accident on an oil rig may cause catastrophic injuries. These may include severe burns, crush injuries, and drownings or near-drownings caused by rig fires and explosions. Other injuries may include broken bones, back injuries, internal organ damage, head trauma, and loss of limb. The type and severity of an oil rig worker's injuries will depend on the type of accident and other factors, such as the type of work being performed, whether heavy machinery was involved, and whether the worker had the proper safety gear.
What Should I Do After a Drilling Rig Accident?
If you were injured in a drilling rig accident, you should take three crucial steps. First, seek medical care. Second, inform your employer of the incident. Third, talk to an attorney. Taking each of these steps will help you protect your health, eligibility for compensation, and legal rights. Working on an oil or gas drilling crew may be dangerous, but this does not limit your right to compensation for your injuries. At Arnold & Itkin, our drilling rig injury attorneys are here to ensure injured workers and their families get the medical treatment and support they need after serious accidents and injuries on offshore and onshore drilling rigs. We've recovered billions of dollars in compensation for our clients and are ready to see how we can help you.
What’s the Difference Between a Well Kick and a Well Blowout?
Drilling is one of the most dangerous parts of working on an offshore oil rig, due to the significant amount of pressure that has built up underneath the earth’s surface. There is not a way to avoid this pressure, but it can be managed and controlled by maintaining enough counter-pressure. If the pressure below is too great, however, fluids will be forced into the wellbore. This is referred to as a kick. This kick can be managed, but if it continues to increase in severity it will escalate to a full blowout.
I Lost Someone I Love in an Oil Rig Blowout. What Can I Do Now?
Losing a family member is the most difficult experience any person will go through. You have questions that need to be answered. Why did the blowout happen in the first place? Who’s responsible? You’re also dealing with funeral arrangements and trying to figure out how to make ends meet with the sudden loss of support that your loved one provided. At Arnold & Itkin, we’re here to help you get the answers you deserve and the support you need. Applying our resources and our knowledge of the laws that apply to oil rig blowouts, we can hold responsible parties accountable and help you when you need it most.
What Are the Effects of a Well Blowout?
Any oil rig blowout can be disastrous. All workers on the rig, particularly those in close proximity to the location of the explosion itself, may be at risk of catastrophic injury or death. A blowout can also cause a considerable amount of harm to the environment and to individuals and businesses in the region. The oil company will also experience significant financial losses. In spite of all of this, some companies continue to cut corners by failing to implement stringent safety standards, falling behind on maintenance, and failing to upgrade or replace aging equipment—leading to preventable tragedies that injure and claim the lives of innocent workers.
What Causes Oil Rig Explosions?
The causes of oil rig explosions often come down to a combination of defective equipment, unsafe drilling procedures, and insufficient maintenance. These factors then cause equipment failures, fires, and blowouts that create a tremendous loss of life. Many explosions could be prevented if drilling companies took more time to maintain their equipment and create a culture of caution and safety, instead of the high-pressure, quarterly earnings-driven culture many oil rigs suffer from.
What Are Oil Rig Blowouts?
Blowouts occur when pressurized gas, oil, and other materials shoot up through the main drilling pipe and cause a violent explosion. Blowouts are usually handled by the rig's blowout preventer, but these components have failed in the past. The most infamous blowout in oil drilling history was the Deepwater Horizon explosion, and that was caused by a failure of the blowout preventer.
Can Defective Machinery Cause an Oil Rig Explosion?
Defective equipment is a major contributor to oil rig explosions. Often what happens is a company won't invest the proper amount of time into regular maintenance, so equipment starts to wear out. Worn out equipment includes corroded pipes and valves, damaged cables, and malfunctioning safety equipment. Lack of maintenance not only creates defective equipment, but also contributes to a general culture of unsafe practices.
What Caused the 2010 Deepwater Horizon Explosion?
Mechanically, the answer is the blowout preventer was damaged. It hadn’t been inspected in five years, and it had suffered an unreported accident a month prior to the Deepwater Horizon incident. On the night of the explosion, a methane gas bubble was able to travel up the drilling platform due to the damaged blowout preventer. The human element in all this was the fact that BP was weeks behind schedule, tens millions of dollars over budget, and taking dangerous shortcuts that eventually resulted in mistakes that led to the fatal explosion.
What Is the Deadliest Offshore Oil Rig Disaster in History?
In terms of sheer loss of life, the Piper Alpha disaster is the deadliest offshore oil rig disaster ever recorded. On July 6, 1988, there was a pump maintenance project that led to the removal of a safety valve on a gas pipe. The pipe was temporarily sealed, and the pump was ordered to be left off until the project could be completed. However, due to a communication error, the next shift crew turned on the pump. This led to a gas leak that created a series of massive explosions. The explosions killed 167 people, leaving only 61 survivors of a 226-person crew.
How Often Do Oil Rig Explosions Occur?
Oil rig explosions are like plane crashes: they are rare, but when they occur, there’s usually a tremendous loss of life. Greg McCormack, director of the Petroleum Extension Service at the University of Texas, said “These events are low probability with a high consequence.” Like plane crashes, oil rig explosions are almost always due to human error, which is why it’s vital to hold oil companies accountable when something goes terribly wrong.
What Caused the K.S. Endeavor Explosion?
Drilling off the coast of Nigeria led to gas buildup at the bottom of the well. Blowout preventers typically prevent gas pressure from building to an explosive degree, but the blowout preventer in this case likely failed. As a result, gas shot up through the drilling pipe, causing an explosion and igniting a fire that lasted for 46 days. Chevron faced billions in litigation for years following the incident, including a $1.5 billion lawsuit from Nigerian residents.
Was the K.S. Endeavor Explosion a Freak Accident?
One of the most shocking details from the K.S. Endeavor story was that the crew anticipated an explosion three days before the explosion. The crew’s request for evacuation was denied by Chevron, and they were ordered to continue drilling. As the workers predicted, gas pressure continued to build until the rig exploded, killing 2 and traumatizing 152 other workers. Due to the forewarning, Chevron was ethically, legally, and financially responsible for the explosion.
Could the K.S. Endeavor Accident Have Been Prevented?
In the days leading up to the fateful explosion, the crew saw elevated pressure readings, indicating an increased risk of explosion. While Chevron denies ever getting an evacuation request—and even lays the blame at the feet of the rig’s staff—the crew testified in three separate accounts that they requested evacuation and feared an imminent explosion. If Chevron and its managers wanted to prevent an accident, they would have been able to cease drilling, diagnose the problem, and evacuate the crew. Instead, two crew members died.
Could the Deepwater Horizon Disaster Have Been Prevented?
Just over a month after the April 20, 2010 explosion that tore through the Deepwater Horizon, President Barack Obama announced the creation of an independent, nonpartisan entity that would investigate and analyze the cause of the disaster and recommend changes that would make America’s offshore drilling operations safer for workers and the environment. After six months, the commission completed its analysis and released a report that found the explosion could have been prevented.
According to the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling:
“The immediate causes of the Macondo well blowout can be traced to a series of identifiable mistakes made by BP, Halliburton, and Transocean that reveal such systematic failures in risk management that they place in doubt the safety culture of the entire industry.”
How Many People Were Injured or Killed in the Deepwater Horizon Explosion?
When the Deepwater Horizon exploded and sank, 11 workers lost their lives. 17 others were injured. In total, there were 126 crew members on the rig at the time of the explosion. 94 of the workers who survived were taken by lifeboat and 17 were evacuated by helicopter. Some jumped from the rig as the fire spread. The workers who lost their lives ranged in age from just 22 years old to 49 years old; 2 were engineers and 9 were crew members on the platform floor.
How Much Oil Spilled From the Deepwater Horizon? Is It All Cleaned up Today?
The damaged Macondo well spilled about 168 million gallons of oil over 87 days, until it was finally capped on July 15, 2020. This was the largest oil spill in history and has been called the worst environmental disaster in the U.S. Tens of thousands of birds, sea turtles, marine mammals, and fish were harmed by the spill, with pollution reaching more than 1,000 miles of shoreline. The spill also caused billions of dollars in economic losses in the Gulf of Mexico and the loss of about 22,000 jobs.
Was Anyone Injured in the Vermillion 380 a Platform Explosion?
Only one worker was injured when the Vermillion 380 A Platform caught fire and exploded on September 2, 2010. 12 others were on board the fixed platform at the time of the explosion, but all were able to evacuate and treaded water for 2 hours before being rescued. The platform had been offline for two years prior to the explosion, which contributed to the low injury count.
Why Did the Vermillion 380 a Platform Explode?
Vermillion 380 A explosion was caused by the collapse of a fire tube inside the platform’s Heater-Treater. Heater-Treaters are key pieces of equipment used in oil and gas operations that use heat to separate oil-water emulsions before transporting oil through pipelines. Vermillion 380 A’s Heater-Treater was 30 years old and had been subject to wear and tear that caused pitting and corrosion in the system’s fire tube. The fire tube finally collapsed on September 2, causing the explosion.
What Should I Do if I Was Injured on an Offshore Platform?
The crew of the Vermillion 380 A Platform was lucky to escape with their lives. If you or someone you love was injured in any type of accident, fire, or explosion involving an offshore rig, our team at Arnold & Itkin is here to help. We know maritime law and fight for offshore workers with the tireless dedication it takes to win. Our lawyers aren’t afraid of facing off against the largest oil and gas companies. In fact, these corporations know to fear us because we have secured billions of dollars in compensation for our clients. We’re known for doing whatever it takes to set things right.
What Caused the West Delta 32 Fire and Explosion?
According to several reports, the November 2012 explosion that wracked the West Delta 32 oil rig off the coast of Louisiana was traced back to a welding operation. Three workers on the platform were charged with welding a pipe, but fuel vapor ignited and caused a series of explosions that ultimately claimed three workers’ lives and seriously injured two others. Proper safety precautions had not been taken before the welding work started, including the use of gas detectors and flushing gas vapors from the pipes prior to welding, which produces sparks that can easily ignite if any vapors are present.
Who Has Been Held Responsible for the West Delta 32 Explosion?
The Bureau of Safety and Environmental Enforcement issued 41 citations related to the West Delta 32 explosion. Wood Group PSN, Inc., Black Elk Energy Offshore Operations, Grand Isle Shipyard, and Compass Engineering Consultants were all named in a report by federal regulators that analyzed the cause of the blast. Wood Group PSN faced $9.5 million in penalties for safety violations and pollution, following plea agreements with the U.S. Department of Justice and local U.S. attorneys.
With offshore catastrophes like this, identifying at-fault parties can help injured workers and their families see justice served. This can bring some peace of mind in challenging times.
What Should I Do if Someone I Love Lost Their Life in an Offshore Explosion Like the One on West Delta 32?
If you lost a spouse, parent, or other family member in an offshore explosion or another serious incident on an oil rig, you deserve the chance to see justice served. Talk to an attorney about your rights. At Arnold & Itkin, we’re committed to helping families get the answers they’re seeking. We help them hold negligent oil and gas companies accountable for putting profits over the safety of their hard-working employees, who put their lives on the line every single day they’re on a rig that has not been properly maintained. To find out more, give us a call and undergo a free consultation with one of our caring and knowledgeable team members. We’re here for you.
What Makes Oil Rig Explosion Injuries So Severe?
In an oil rig explosion, workers are at risk of experiencing severe injuries in the initial blast and resulting fire. They may be thrown several feet or yards into the air, they may suffer serious burns, they may inhale toxic chemicals, and they may experience any of a number of injuries while trying to escape the blast radius. The nature of these injuries and the high fatality rate in oil rig explosions make this one of the most important issues in accident prevention and the full implementation of safety standards. Workers’ rights need to be protected, and that’s precisely what our legal team does.
What Compensation Is Available After an Oil Rig Explosion?
Because of the severity of oil rig explosion injuries and their impact on every aspect of a victim’s life, it is important to understand what compensation you could receive from your employer or another at-fault party. This is how you will rebuild your life and work toward a more stable future for yourself and your family. You could be entitled to compensation for hospitalization; medication; assistive devices, like a wheelchair; in-home modifications for a disability; physical therapy and other ongoing treatment; travel expenses to and from medical appointments; and more. At Arnold & Itkin, we know how important it is for our clients to get the medical care and financial support they need. That’s why we work on contingency. We charge no upfront costs and only get paid if we win.
If I Was Injured On An Oil Rig, What Are My Legal Options?
The Jones Act This would require a showing that your employer was negligent, much like a personal injury lawsuit. It must also be proven that you as the employee carried the title of "seaman" at the time of your injury. You are considered a seaman if at least 30% of your work hours were spent on an offshore vessel. The Jones Act also only covers United States citizens on American-owned vessels.
Longshore & Harbor Workers' Compensation Act You do not need to show fault in this type of claim, which has procedures and benefits similar to the workers' compensation system that covers industrial injuries that occur on land. This act states that if you are an offshore worker or work in an "adjacent occupation" even if you do not spend 30% or more of your time on an offshore vessel, you are liable to compensation under this act.
How Do You Stop an Oil Rig Fire?
Once it starts, it can be nearly impossible to stop an oil rig fire. Traditional firefighting efforts are ineffective because of the vast amount of fuel that allows the fire to rage on. One method for a fire at a wellhead is to use explosives to essentially “blow out” the fire by creating a shockwave that pushes the burning fuel and oxygen away from the well. The wellhead must then be capped to stop the flow of oil. Extinguishing a fire on an offshore rig is even more challenging. Explosives could sink the rig, so fire-retardant foam or even seawater may be used to douse the flames. Some have alleged that that the Deepwater Horizon sank as a result of the immense amounts of seawater sprayed at it by private vessels in an attempt to put out the fire.
What Causes Oil Rig Fires?
All it takes is a single spark—a single mistake—for an oil rig fire to erupt. These catastrophes can be prevented if proper safety standards are implemented, workers are properly trained and supervised, and equipment is properly maintained. Unfortunately, some oil companies choose to put profits and production over the safety of their workers. They may delay in replacing aging equipment. They may push for deadlines that leave workers fatigued and unfocused. They may relax on safety measures. By determining what caused an oil rig fire, we can assign liability (legal responsibility) and help injured workers and their families seek accountability, answers, and justice.
Who Is Responsible for an Oil Rig Fire?
Oil rig blowouts are particularly dangerous because there is little to no warning. The oil rig workers must always be aware of the amount of fluid in the hole and must keep an eye on trip tank levels as well. Workers can be responsible for fires on oil rigs when they neglect to use proper safety measures like gas pressurization valves.
In general, the following parties may be held accountable for fires:
An employer or supervisor
A negligent co-worker
A manufacturing company
A maintenance company
Who Is at Fault for an Oil Rig Accident?
While many companies try to shift the blame to workers, they’re ultimately the ones at fault for an oil rig accident. Companies are obligated to ensure that workers are trained, equipped, and qualified to do their job safely. They’re also responsible with maintaining equipment and making sure it can be used by employees safely.
Should I See My Company’s Doctor After an Accident?
No. Often, company doctors will work in the interest of their employer. It’s always best to insist on seeing a private doctor and saying as little as possible to a doctor that works for your employer. Remember: you are not obligated to speak to anyone or sign any releases after an oil rig accident.
What Can I Recover After an Oil Rig Accident?
Offshore oil rig workers are protected by a law known as the Jones Act. This important law allows offshore workers to seek compensation from negligent employers. Monetary losses an oil rig worker can seek include medical bills, time lost at work, the cost of future care, and any pain and suffering caused by the accident.
What’s Behind Safety Violations on Offshore Rigs?
Every situation will be different, but safety violations may stem from efforts by oil companies to minimize costs and boost profits by avoiding costly repairs and shutdowns to replace worn or aging systems, parts, and equipment. Back in 2010, the U.S. Inspector General published a report that attributed a lack of proper safety measures on offshore rights to “self-regulation” and “corruption”—where workers could fill out their own safety inspection reports. Safety must come first on offshore rigs. No matter what’s behind a single violation or general lack of care, responsible parties must be brought to justice.
Why Is a Safety-First Mindset Essential on an Offshore Rig?
Offshore workers face countless dangers. Every person on an offshore rig, as well as managers and company executives, must have a safety-first mindset to protect workers’ well-being. A single safety violation, no matter how minor, can cause a catastrophe of epic proportions, leading to worker injury or death and damage to the environment. Proper implementation of safety standards will lower the risk of incidents like rig fires, explosions, falls, injuries caused by falling objects, and heavy machinery injuries.
What Are Some Ways Offshore Workers Can Protect Themselves?
Offshore workers, while employers must ensure safety, can also be proactive about their well-being. When on an offshore rig, always wear and test fall protection gear, especially from heights. Be vigilant of falling objects, wearing protective equipment like hard hats. Prioritize fire safety by wearing flame-resistant attire. Despite long working hours, it's crucial to communicate to supervisors if fatigue or heat exhaustion sets in, as health should always come first. Adhering to all safety regulations and promptly reporting any breaches is vital.
What Oilfield Accidents Happen in the Eagle Ford Shale?
Eagle Ford oilfield workers are at risk of severe injuries or fatalities due to faulty equipment, neglected safety regulations, and carelessness. Accidents in Eagle Ford Shale range from falls from heights, oilfield explosions, machinery-related incidents, hydrogen sulfide related issues, to electrocution. If you've faced such incidents, consult with our seasoned oilfield injury lawyers. We can guide you on compensation avenues and are committed to defending your rights.
What Injuries Do Eagle Ford Oilfield Workers Experience?
If you were injured while working in the Eagle Ford Shale, you should seek medical attention immediately. Be sure to follow your doctor’s orders, and do not be afraid to ask to see a different doctor if you are dissatisfied with the care you receive. Your employer cannot force you to go to the “company doctor.” You should also talk to an attorney about your options, rights, and responsibilities at this point in time. You could be entitled to significant compensation for your injuries, and an attorney can help you recover the full benefits you deserve.
What Benefits Are Available for Injured Oilfield Workers?
Eagle Ford Shale workers may be entitled to workers’ compensation benefits for oilfield injuries. These are provided on a no-fault basis, which means that an injured worker does not need to prove fault to recover benefits. If workers’ compensation does not apply or a third party (someone other than the employer or a co-worker) was responsible for an oilfield accident, however, a personal injury claim may apply. An example may be a defective piece of machinery or equipment that malfunctions and causes a fire or explosion. A worker injured in this fire may have a lawsuit against the manufacturer of the defective product, which would open the door to additional compensation.
Do I Need an Attorney to Help Me Negotiate My Oil and Gas Lease?
If you’ve been approached by landsmen about an oil and gas lease for the land you own in the Haynesville Shale, you may wonder whether you need legal counsel. Unless you’re a professional in the field, these landmen probably know far more about the nuances of oil and gas law and mineral rights than you do. They are not there to protect your interests. They represent the interests of their employers: oil and gas companies. You need a skilled professional to protect your interests, and that’s the service we provide at Arnold & Itkin. At any point in the oil and gas lease process—even if you’ve already experienced violations of your rights or significant losses—we can help.
Can I Renegotiate Oil and Gas Royalties?
If you’re currently in a lease that’s paying low royalties, it may be possible to find an opening that would allow for the termination of your lease or the renegotiation of its terms. Oil and gas royalty rates in the Haynesville Shale vary depending on the market and other factors. Our lawyers can talk to you about your current situation, review your lease, and determine if there’s a way to seek higher royalties. We can help with any type of oil and gas dispute in the Haynesville Shale.
How Much Oil Is Left in the Permian Basin?
Companies have been extracting oil and natural gas from the Permian Basin for over 100 years, bringing rise to the question of just how much is left. Since 1920, over 30 billion barrels of crude oil have been recovered. But with a 2018 discovery of new reserves in the Permian Basin, the United States Geological Survey estimates there are at least 46 billion barrels of oil and 280 trillion cubic feet of gas remaining.
Although the number of active rigs has decreased dramatically due to COVID-19, this number is quickly rising. Our Permian Basin injury lawyers believe that those crews who are still working and the new crews being brought back deserve protection and support in the event of an accident or injury.
Who Operates in the Permian Basin?
Covering 75,000 square miles, the Permian Basin is the second-largest oilfield in the world. No single company owns all this land. The 5 top-producing oil companies in the Permian Basin in 2020 were: Pioneer Natural Resources (107,649,132 barrels), Diamondback E&P (81,624,452 barrels), XTO Energy (64,419,198 barrels), COG Operating (63,184,150 barrels), and Parsley Energy Operations (49,864,918 barrels). The 5 top-producing gas companies in the Permian Basin in 2020 were: Cimarex Energy (210,594,099 cubic feet), Apache (202,067,095 cubic feet), Anadarko E&P (199,387,733 cubic feet), Chevron (161,136,611 cubic feet), and EOG Resources (127,219,543 cubic feet).
What Should I Do if I Was Injured While Working in the Permian Basin?
You should seek medical treatment, inform your employer, and seek legal counsel. Permian Basin oilfield injuries can be catastrophic and change the entire course of your life. Even if it seems like your employer is trying to help, remember that you have the right to choose your own doctor and to seek benefits for your treatment and lost earnings. The right Permian Basin oilfield accident attorney can protect your interests so you can heal and provide for yourself and your family. Underpayments, claim denials, and unnecessary delays are all too common in Permian Basin injury cases. Our firm is here to guide you toward the best possible resolution—one that opens the door to a brighter, more stable future..
What Rights Do I Have as a Permian Basin Oilfield Worker?
If you were working anywhere in the Permian Basin and were injured in a blowout, fall, fire, or other oilfield accident, you may be entitled to benefits to cover your medical treatment, ongoing care, lost earnings, and possibly much more. Your employer has an obligation to provide a reasonably safe work environment—even though oilfield work is inherently dangerous. Equipment should be properly maintained, safety protocols should be followed to the letter, and you should be given the right tools and training to do your job. When oil companies cut corners and put their workers’ safety at risk, our team at Arnold & Itkin stands ready to see justice served. We’re here to help you get the support and treatment it takes to rebuild and move on.
What if My Loved One Was Killed While Working in the Permian Basin?
If your loved one was killed while working in the oilfields of the Permian Basin, you need to contact an attorney. Our Permian Basin wrongful death lawyers have helped grieving families get the answers they deserve. While we can’t change what happened, we can fight to make sure your family gets justice from the people and companies who could have prevented your suffering but didn’t. No one should lose a loved one because a company placed profits over safety—we’re ready to remind any company of this fact.
Can Pipelines Explode?
Yes, pipelines are at constant risk of explosion. Pipelines are pressurized and carry highly volatile materials ranging from crude oil to natural gas. The good news is that, if properly operated and maintained, pipelines are unlikely to explode. The bad news is that even a momentary lapse in operation and safety standards can trigger an explosion that harms workers, their families, and anyone unlucky enough to be near the pipeline during the blast. No one should suffer because they were in the wrong place at the wrong time.
How Common Are Pipeline Explosions?
Yes, pipeline explosions are more common than many expect. According to one source, there were more than 8,000 “significant” pipelines incidents between 1986 and 2013. While the data doesn’t indicate which of these are explosions, a significant incident is defined as one that causes injury, death, or excessive monetary loss. Because of this stipulation, it’s safe to assume that many of these incidents—about 300 each year—are explosions.
What Causes Pipeline Explosions?
According to the U.S. Department of Transportation, there are over 2.6 million miles of pipelines in the United States, delivering trillions of cubic feet of natural gas and hundreds of billions of ton/miles of liquid petroleum products throughout the country each year. Most of us are unaware of the presence of underground oil and gas pipelines near our homes and workplaces. Until something goes wrong. Pipeline explosions may be caused by improper pipe installation or repairs, poor maintenance, defective piping, or aging equipment. Investigating the cause of a pipeline explosion is complex and time-consuming, but we at Arnold & Itkin have the resources and manpower to get to the bottom of our clients’ injuries and losses. We can identify all factors that caused or contributed to the explosion to determine who is responsible.
Can Pipeline Explosions Be Prevented?
Like all accidents, pipeline explosions can be prevented. Due diligence and proper implementation of safety regulations can prevent the issues that cause pipelines to leak and burst. Proper installation of pipelines, including quality welding, will help prevent many pipeline problems. Checking before performing excavation work will prevent accidental contact with a pipeline. The use of properly maintained equipment by trained workers will also prevent pipeline accidents. When any person or company fails to take reasonable measures that would have prevented a pipeline explosion, they should be held responsible. Our attorneys can take the necessary steps to help you recoup your losses, cover your medical care, and get the financial support you deserve.
What Should I Do if I Lost a Loved One in a Pipeline Explosion?
If you lost a family member in a pipeline explosion, you may have grounds for a wrongful death case against the at-fault party. This would be the individual or company that’s responsible for causing the explosion and, therefore, your loved one’s death. It may be an oil or gas company that improperly installed a pipeline, a contractor that started excavation before checking for underground pipelines, or a manufacturer of a defective gas meter, valve, or line. Taking legal action of this kind can bring much-needed answers and peace of mind. It can also provide you and your family with the support you need to face a more stable future.
What Types of Injuries Do Chemical Plant Accidents Cause?
Chemical plant accidents have the potential to cause catastrophic injury to plant workers. They can even cause harm to people living and working in buildings in the area, and they can cause environmental harm. When explosions occur, workers are at the highest risk of harm and may experience serious trauma from being thrown into the air in the initial blast, burned by a resulting fire, inhaling toxic fumes, or trying to run from the incident. Other incidents, like falls, heavy equipment malfunction, and chemical exposure, can lead to head trauma, broken bones, lacerations, and even life-threatening illness.
What Should I Do if I Was Injured While Working at a Chemical Plant?
Get medical help as soon as possible, and inform your supervisor or manager. You need to let your employer know, in writing, that you were injured. If your employer carries workers’ compensation insurance, this will cover your medical treatment and a portion of your lost wages. Failing to inform your employer will jeopardize your right to these benefits. You should also consider talking to an attorney. The injuries you experienced may be severe and could have a lasting impact on your life. You need to be certain that any compensation you recover is enough to cover all of your medical treatment and lost earnings, now and into the future—plus other losses and harm you’ve had to endure.
Do I Have a Workers’ Comp or Personal Injury Case for a Plant Accident?
If you were working at the time, you may be covered by workers’ compensation—if your employer carries this insurance. If you were not on the job while injured, if gross negligence was involved, or if someone other than your employer or a co-worker was to blame, you may have grounds for a personal injury lawsuit. These are two distinctly different courses of action, but either can help you get the medical care and financial support you need. Make sure you work with an attorney who can help with any type of chemical plant accident to help you seek answers, accountability, and compensation.
How Can a Chemical Plant Fire Harm Local Residents?
When a chemical plant fire occurs, it places workers and everyone in the area at risk. This is because hazardous substances may be released into the air, ground, and water. The people living and working near a chemical plant may need to be evacuated after a fire, and they may suffer the consequences of chemical exposure long afterward. Depending on the substance and how it is released, the aftereffects of a chemical plant fire may include an increased risk of cancer, headaches, confusion, skin and eye irritation, seizures, and confusion.
If you live or work near a chemical plant that caught fire and suspect that you’ve suffered illness or discomfort as a result, you should immediately seek medical attention.
What Are the Dangers of Chemical Fires?
When a chemical plant catches fire, it places those nearby at risk of more than burn injuries. When chemicals burn, the dozens of compounds they consist of release potentially hazardous toxins into the air. Chemical fires can cause burns to the lining of the lungs, respiratory issues that stem from ash or smoke inhalation, persistent eye irritation, blurry vision, headaches, nausea, and first-, second-, and third-degree burns.
If a person is near a chemical fire, they may sustain injuries that might not be obvious for a considerable amount of time after exposure. When smoke from a chemical fire coats a person’s lungs, it inhibits a person’s ability to breathe. In the worst cases, smoke can scar the lungs and cause permanent damage.
What Causes Chemical Fires?
Companies that store dangerous chemicals for the oil and gas industry know the risky nature of their business. Even though many plants claim to put safety first, a chemical plant fire is almost always a sign of negligence. Chemical fires frequently occur due to faulty wiring, outdated equipment, overheated machinery, poor safety protocols, poor employee training, and improper storage practices.
Companies must maintain their equipment, especially when their operations include the storage of dangerous chemicals. When they fail to prevent an accident, communities and workers are placed at risk by the serious health hazards of a chemical fire. Workers and members of the community should not be expected to cover the medical expenses, lost wages, and other challenges caused by a preventable accident.
What Are the Main Causes of Chemical Plant Accidents?
There are four common causes of chemical plant disasters: human error, poor training, defective equipment, and poor or infrequent maintenance. Chemical plant accidents can be caused by any one of these factors, but most explosions, fires, spills, and other disasters are a result of multiple factors interacting. For instance, defective equipment might not cause an explosion alone, but defective equipment and improper training might.
Are Chemical Plant Accidents Preventable?
The vast majority of chemical plant accidents are absolutely preventable. Good safety practices, frequent maintenance, and clear documentation all go a long way to preventing most chemical plant disasters. For instance, the 2013 Williams Olefins plant explosion in Geismar was caused in part by poor communication and unsafe equipment. That explosion might have been prevented with a $5 piece of equipment and a safer procedure.
How Do Employers Prevent Chemical Plant Accidents?
The most basic way to prevent disasters at chemical plants is with carbon monoxide detectors, fire extinguishers, proper ventilation, well-maintained safety valves, and other safety features. However, many chemical plant injuries are caused by a culture where safety is simply not enforced. Ultimately, employers know what it would take to make their workplaces far safer; they're just unwilling to follow through because it would cut into their bottom line. Holding companies accountable for negligence is the best way to ensure worker safety.
Why Do Chemical Spills Happen?
Spills at chemical plants are often caused by cutting corners on safety regulations, equipment maintenance, or proper training. Workers must be thoroughly trained and provided with the right safety equipment for their protection and to prevent spills from occurring in the first place. If chemical plant owners allow inexperienced employees to handle dangerous chemicals or operate complex machinery, if they push their workers to meet unrealistic production deadlines, or if they fail to inspect and maintain aging equipment, everyone at the plant and in nearby communities will pay the price.
How Do Chemical Spills Affect Nearby Communities?
Depending on the type of chemical, where the spill occurred, and how far it spread until it was contained, chemical spills can affect the environment in many ways. It can affect groundwater or other water sources. It can release dangerous toxins into the air. It can cause fires that are nearly impossible to put out. People in the community may need to be evacuated and may experience various damages. Individuals and businesses in the area affected by a chemical spill may experience property damage, respiratory problems, and financial losses.
What Are My Rights After a Chemical Spill Accident?
If you were working at a chemical plant, live nearby, or own a business in the area, and you were injured or otherwise affected by a spill, you have the right to pursue compensation that will help set things right. The damages awarded in a chemical spill lawsuit are meant to help you rebuild your life by paying for medical care, property damage, lost income, and all other expenses or losses you have experienced. If you are a plant worker who was injured in a chemical spill, we can talk to you about your case to determine how to take legal action that can help you recoup your losses, heal, and move on with your life.
Is Factory Work Dangerous?
Factory workers are responsible for constructing and manufacturing virtually every type of product on the market, from children’s toys to motor vehicles. They have one of the highest rates of workplace injuries and deaths in the U.S. They work around and with heavy machinery and may also be exposed to hazardous substances, extreme temperatures, and other potential dangers. When factory owners observe safety standards, maintain equipment, and properly train employees, however, the risk of injury is far lower. The truth is that the field may have inherent dangers, but nearly every factory accident could have been prevented if the right precautions had been taken.
Factory work becomes dangerous when companies care more about profits and production than their hard-working employees. At Arnold & Itkin, we stand up for injured factory workers and their families, exposing these injustices.
What Are Some Types of Factory Accidents?
Factory accidents may range from slip and fall accidents that cause minor injuries to explosions that claim multiple workers’ lives. The workers who are harmed in these accidents have the right to receive medical care and financial support for their work-related injuries, through workers’ compensation or personal injury lawsuits. Families can file wrongful death lawsuits against at-fault parties.
Arnold & Itkin handles factory accident cases involving fires and explosions, assembly line accidents, heavy machinery malfunction, slip and fall accidents, falls from heights, chemical spills, exposure to toxins, injuries caused by falling objects, and many others. Our factory personal injury attorneys fight to set things right.
What Should I Do if I Lost a Loved One in a Factory Accident?
If you lost a parent, spouse, child, or another family member in a factory accident, you may be entitled to workers’ compensation benefits. You may also be able to file a wrongful death lawsuit if workers’ comp does not apply or a third party (someone other than your loved one’s employer or co-worker) was involved. Because workers’ comp provides limited benefits, it is important to determine whether a wrongful death case would be appropriate. Bringing responsible parties to justice in this way brings peace of mind and helps a family recover additional compensation to ensure they’re taken care of for life. That's the goal of our factory death lawyers.
Are Industrial Plants Required to Protect Surrounding Communities?
Yes. Industrial plants must follow regulations that are designed to keep the communities they operate in safe.
I Was Injured Because of A Nearby Plant, What Should I Do?
Call our industrial plant accident lawyers today for help. Our team might be able to help you obtain compensation for injuries you’ve sustained because of a plant accident or exposure to dangerous chemicals.
What Can I Recover with an Industrial Plant Injury Lawsuit?
Industrial plant injury lawsuits help victims and survivors obtain the financial security that they need and deserve. These lawsuits help recover lost wages, medical bills, and other financial damages caused by their plant-related injury. In some instances, a person might be able to obtain punitive damages and compensation for their pain and suffering as well.
Why Are Oil Refinery Accidents Often Catastrophic?
Working at a refinery can be rewarding, but it sometimes comes at a high cost to workers and their families. If equipment is old and outdated, machinery malfunctions, or safety standards are not followed to the letter, catastrophic accidents can occur. Explosions can tear through entire refineries, destroying everything in their path. Workers may experience any of a number of injuries caused by heavy equipment or harmful substances. The nature of the work involved, the presence of hazardous and flammable materials, and complex industrial equipment all increase the likelihood that an oil refinery accident will be particularly devastating.
How Does Your Firm Investigate Oil Refinery Accidents?
Claims involving oil refinery accidents are complex, but with the right resources and experience in this field, it’s possible to create a compelling case against the responsible party or parties. When our team takes on a case of this kind, we work with investigators and safety experts to analyze the evidence at hand. We’ll pore over every detail and will try to preserve evidence before it’s misplaced, lost, or destroyed.
We often use the following to investigate an oil refinery accident: safety records; maintenance records; accident reports; photographs and other documentation of the scene; and witness accounts of the incident. Accident reconstruction specialists and investigators with experience in oil refinery fires, explosions, and other accidents can help our lawyers determine and prove cause. As always, we’ll do everything in our power to help injured workers and their families see justice served.
What Should I Do if I Was Injured in a Refinery Accident?
Get medical attention, inform your employer, and talk to an attorney. Taking these three steps will help you protect your health and your legal right to compensation for your medical care, lost earnings, and other losses that you’ve experienced. The time after an oil refinery accident can be confusing and overwhelming, but it’s important to remember that you can have a skilled and caring team on your side to handle your case so you can focus on healing and spending time with loved ones. Our firm is here for you—give us a call to learn more.
How Do Plant and Refinery Explosions Affect Nearby Homes and Businesses?
An explosion at a chemical plant or refinery can damage homes, businesses, and other structures in the area as a result of the initial blast, which can be extremely forceful. It can blow out windows, knock over walls, or cause other property damage. Another concern involves any chemicals or toxins that are released into the air when the explosion occurs. These can contaminate water sources and soil and can adversely affect the health of people who live and work in the area.
My Property Was Damaged Because of a Plant Explosion. What Should I Do?
You should do three important things in this situation. First, make sure you document the damage by taking pictures and noting down any details, so you don’t forget anything important. Second, inform your homeowners' insurance company. Then, talk to an attorney. If your property sustained significant damage, you need to be certain that all repairs will be fully covered. Any lost property value should be covered as well, and if you were injured, your medical bills should be paid. An attorney can help determine the fair value of your claim so you can rebuild and move on. When you need the best representation, we are here to help.
How Do I Know What My Property Damage Claim Is Worth?
The value of your property damage claim after a plant or refinery explosion will depend on the extent of destruction and the cost of repairs. If you had to leave your home while repairs were being performed, this should be covered as well. The same applies if you experienced a drop in property value because of the explosion. You should be compensated for every single loss you have experienced or may experience in the future, as long as it’s related to the explosion.
Which Safety Policies Do the Most to Prevent Accidents?
Basic safety measures at industrial plants include carbon monoxide detectors, fire extinguishers, proper ventilation, safety valve checks, and regular maintenance. Additionally, regular documentation and repair of potential hazards is crucial to preventing accidents. Many plant disasters are often rooted in small problems that go ignored for months or years.
Is My Employer Responsible for Unknown or Hidden Safety Hazards?
Yes. Any hazard in the workplace, even ones that were hidden for a long time, are still part of your employer’s responsibility. Workplace owners and managers must conduct regular inspection of the job site to ensure any hidden hazards are quickly discovered and fixed. This falls under things your employer either knew or should have known.
How Do I Know If My Accident Was Caused by Bad Safety Procedures?
In the chaos of an explosion or a fire, it’s difficult to tell what might have caused your injuries. That’s why it’s vital to speak with a plant accident attorney. Our firm has the skill, experience, and resources to investigate your accident and the months leading up to it, which would uncover what caused your injuries.
Why Are Turnarounds Dangerous at Plants and Refineries?
Turnarounds, also referred to as TARs, are an essential—and dangerous—part of plant and refinery maintenance. Everything must be taken offline to make sure it’s working correctly and for improvements to be made, if necessary. With systems and machinery being taken offline and put back online again, sometimes with renovations or refits, the potential for accidents is higher than usual. Every single step must be carried out correctly, or disaster could result. Turnaround accidents and shutdown injuries happen when procedure isn’t followed correctly, systems fail, or safety precautions are not properly implemented.
I Was Injured in a Turnaround Accident. Who’s Responsible?
If you were working at a plant or refinery and were injured during a turnaround or shutdown, the individual or company responsible for the incident should be held liable for your medical care, lost earnings, and other losses you’ve experienced and will experience in the future. Your employer may be responsible for these losses on a no-fault basis, or you could have grounds for a lawsuit if gross negligence, intentional misconduct, or a third party (someone other than your employer or another worker) was involved. An investigation will reveal who should be held accountable for a turnaround or shutdown injury.
How Can Turnaround Accidents Be Prevented?
Turnarounds, while costly and time-intensive, are crucial. If not properly managed, they pose risks to workers and can lead to revenue losses. To ensure a successful turnaround: identify equipment needing repair or replacement in advance, assemble the required tools and staff, limit on-site personnel to only those essential, entrust the process to experienced staff, and always prioritize safety over speed, regardless of external pressures.
What Is Train Conductor Negligence?
Negligence is defined as a failure to act with reasonable care in the circumstances. For a train conductor, this may be any act or failure to act that jeopardizes the operation of the train and the safety of its occupants. Conductors are held to a high standard of care due to the complexity and importance of their jobs. If a conductor is distracted, tired, under the influence of alcohol or drugs, or is simply careless, this can have catastrophic results. When conductor negligence causes or contributes to a train accident, our attorneys are there to help victims seek justice.
Who Can File an Injury Claim Based on Conductor Negligence?
An injured passenger or railroad worker may have grounds for a claim for compensation after a train accident caused by conductor negligence. For a passenger, this would likely be a personal injury lawsuit. For a railroad worker, their claim may fall under FELA. In either scenario, the goal will be to recover financial compensation for medical expenses, continued treatment and therapy, lost earnings, loss of future income, and emotional trauma such as pain and suffering.
Hat Does It Cost to Work With a Train Accident Attorney?
At Arnold & Itkin, our train accident attorneys work on a contingent fee basis. This means we only get paid if we secure a settlement or award on your behalf. So, there’s no risk in contacting and involving a skilled professional at our firm. In addition to this, we front all costs associated with investigating and litigating a case. We even help ensure our clients get the medical care they need, from the best doctors and facilities. We’re passionate about helping our clients through the most difficult times of their lives so they can face brighter futures.
Is It Easy to Derail a Train?
It is not easy to derail a train by force or collision, but derailments are the most common type of train accident. The Federal Railroad Administration reports that there were 4,365 derailments in the U.S. from January 1, 2020 through May 31, 2020—out of 6,320 total railway accidents. That’s 69% of all train accidents. But what causes these derailments? Leaving a penny on a train track will probably not derail a train. A collision with a vehicle on the tracks is not likely to cause a derailment either. Trains are extremely large and heavy, and derailments due to collisions are unlikely. The leading causes of derailments in the U.S. are defective or missing crossties, improperly lined switches, improper train alignment, and speeding.
What Can Be Done to Prevent Train Derailment?
Problems with the track and human error are two of the most common causes of train derailment. Track monitoring and inspections are essential to prevent derailments caused by defective tracks and switches. Proper training and safety standards can help to prevent human error, such as improper handling of a train or excessive speed. A new system called positive train control (PTC) is being implemented across the country as a part of the Rail Safety Improvement Act of 2008, which uses GPS to track a train’s location and speed and can signal whether it needs to be slowed down. All of these things can help prevent train derailments.
What Should I Do if I Was Injured or Lost Someone I Love in a Train Derailment?
Talk to an attorney. If you were seriously injured or lost a family member because a train derailed, you’re facing a challenging and uncertain future. To help you rebuild and face a more stable future, you could be entitled to financial compensation for your medical bills, funeral costs, lost income, emotional trauma, and possibly much more. This cannot erase this experience or bring back a loved one, but it can bring peace of mind and financial stability—while holding the negligent party accountable.
Why Is an Injured Passenger Entitled to Compensation?
Negligence is almost always the reason why a train derails from its track. If an object is on the track that shouldn’t be there, the object’s owner could be held liable for the train’s derailment. If the conductor is speeding and the train derails, the train company will be held liable for the accident. If the train has mechanical issues, the train owner may be the one held responsible for the incident.
When misaligned train tracks are involved in a derailment, negligence will fall on one of two entities depending on the scenario. If an entity privately owned a piece of track, then the entity that owns the track will be held responsible for negligent ownership of their railroad asset. If a public corporation owns the track, the entity that runs the track will be held liable, and stockholders may see a decrease in share prices.
What Is FELA?
Congress created the Federal Employers Liability Act (FELA) in 1908 when railroads were the primary engine for expansion in the United States. The railroad industry saw unprecedented growth as the westward moving U.S. population built new communities and industries. President Roosevelt championed legislation to protect railroad workers who were experiencing high death tolls and grievous injuries while in the employ of the largely unregulated railroad industry. FELA created regulations for a safe workplace environment and the guaranteed right of workers and their families to be compensated in the event of workplace injury or death.
Who Can Make a FELA Claim?
Usually, any employee of a common carrier railroad company who is injured on the job can make a FELA claim. In the unfortunate event of the work-related death of a worker, the worker's family may also make a FELA claim. There are some cases where non-railroad employees who are under contract to the railroad company, or who work for companies under contract to the railroad company, are eligible to file a FELA claim.
How is FELA Different from State Run Workers' Compensation Claims?
In a worker's compensation claim, the worker must only prove that he or she was injured on the job. No claim of liability by the employer is necessary. Compensation is then set and distributed by the appropriate state government agency. On the other hand, railroad employees involved in a FELA claim must prove that the injury they sustained on the job was caused by the owner or operator, if different, of the railroad company. This means that through some action or inaction in the workplace the railroad company is, at least in part, liable.
What Is “Featherweight” Fault?
The burden of proof against employers under FELA is designed to be forgiving. Injured workers need to prove an employer was negligent and their negligence played any role in your injuries. Whereas there needs to be a strong causal relationship between negligence and damages in normal claims, "featherweight” burden of proof means there need only be a minimal relationship between negligence and your damages.
What Is Comparative Negligence?
FELA claims operate under comparative negligence, which is a way of measuring how much responsibility the railroad company bears for your damages. The assumption behind comparative negligence is that you are at least partially responsible for your injuries. Both sides’ lawyers argue how much responsibility you and your employer bear, and the jury determines how much you deserve to receive. The degree to which you are found responsible will determine your court award. For example, if Employee A suffered $500,000 in damages, but he was found 2% responsible, he would be entitled to $490,000 of the damages. Conversely, if Employee B suffered $1,000,000 in damages but was found 50% responsible, he would only be entitled to $500,000 in damages maximum.
Does FELA Cover Office Workers?
Yes, it does. It covers virtually all railroad employees, even if they don’t work with the trains. If you were injured at your desk, the law protects you as much as it protects a train engineer injured in a derailment.
Are Awards Larger with Workers' Compensation or FELA?
Usually, awards from FELA claims are much larger than awards from state workers' compensation claims. Awards can include the loss of past and future wages, pain, suffering, emotional distress and healthcare.
Which Safety Regulations Are Specific to the Railroad Industry?
Chief among a number of federal safety regulations is the Federal Railroad Safety Act of 1970. This act assigns regulatory responsibility to the Federal Railroad Administration (FRA). The FRA has responsibility for all areas of railroad safety and the authority required to investigate and prosecute violations of any rail safety law. Pursuant to the Railroad Safety Act, the FRA has created a regulatory framework for track, freight cars, operating rules, operating practices, including control of alcohol and drug use, engineer qualifications, bridge worker safety, radio use, rear end markers, glazing of windows on locomotives, cabooses, and passenger cars.
Can I File a FELA Claim for an Illness from Toxic Exposure?
Yes. 1.7 million tank cars filled with a variety of chemical products are transported by rail every year in the US. Many of these tank cars contain hazardous materials that can leak or spill. Many spilled or discarded hazardous materials pollute the rail yards and rail right of way. Workers can be exposed to these dangerous substances on a daily basis. You should contact a qualified railroad injury attorney immediately.
Do I Talk to the Railroad’s Claim Agent?
We recommend that you speak with a lawyer first. A claim agent’s job is to limit the company’s liability. If your statement to them can be used to prove fault on your part—no matter how small—they’ll use it in a heartbeat. It’s better to protect your claim and speak with a FELA attorney first.
Why Should I Get a FELA Attorney?
FELA claims are all-or-nothing. If you can’t prove fault or the railroad’s investigation finds you at fault for your injuries, you’re on the hook for your medical costs, lost wages, and lifelong pain. Your best chance for having a case is to have an attorney investigate your claim. FELA attorneys are familiar with the ins-and-outs of the railroad and insurance industries. We understand the practices that lead to injury, and we understand what railroad workers are facing on a daily basis. Ultimately, you should get a FELA attorney because there’s only two types of lawyers who understand railroad negligence, and one of them is committed to denying every penny you need. FELA attorneys are the only people who understand what you need and how to advocate for you to get it. If you’ve been injured, it’s time to call a FELA lawyer.
What Is FRSA?
The Federal Railroad Safety Act (FRSA) is a law that was passed in 1970. It gave regulatory rights over railroads to the Federal Railroad Administration (FRA). Because of this law, the FRA has the authority to investigate railroad accidents and prosecute negligent parties based on their finding. It also provides safety requirements such as maximum weights, engineer qualifications, and more.
What Laws Does the Federal Railroad Administration Use?
The FRA uses for main laws to regulate railroad operations in the United States. These laws are the Signal Inspection Act, Safety Appliance Act, Accident Reports Act, and the Locomotive Inspection Act.
Are Railroad Workers Protected by the FRSA?
Yes. Railroad workers are entitled to a safe work environment under the FRSA. If someone is injured from toxic exposure, train accidents, dangerous equipment, or any other incident while working for a railroad company, they might be entitled to compensation. Call our railroad accident lawyers today to find out if you have a case during a free consultation.
What Is the Purpose of the Hazardous Materials Transportation Act?
The purpose of the Hazardous Materials Transportation Act is to provide much-needed protection to people, property, and the environment when hazardous materials are transported anywhere in the U.S. or internationally. By coordinating efforts between shippers, carriers, tank car builders, and governments, safer transport practices can be implemented and followed. Thanks to HMTA and efforts by the Federal Railroad Administration, rail tank car accidents involving hazardous materials are rare. When they do occur, however, they have the potential to be catastrophic.
How Often Are Hazardous Materials Transported by Rail?
According to research presented by the National Academies Press, most hazardous materials are transported by truck. In fact, commercial trucks transport about 94% of daily shipments and 69% of tons of all hazardous materials shipped every day in the United States. Trains transport 1% of daily shipments and 7% of tons shipped daily. Trucks, trains, boats, and airplanes transport more than 3 billion tons of hazardous waste in the U.S. each year. Laws like the Hazardous Materials Transportation Act could not be more important with such vast quantities of materials being transported throughout the country.
What Does HAZMAT Do for Railroad Workers?
Often, railroad workers are exposed to these toxic materials even when a train accident has not taken place. By inhaling these toxins, railroad workers may develop an illness. Necessary safety equipment must be worn and enforced by railroad employers. HAZMAT safety is extremely important so that railroad workers do not become injured or develop illnesses. The Hazardous Materials Division of FRA is absolutely vital to sustaining this type of atmosphere. Unfortunately, railway workers often become injured even despite these regulations.
If this describes your situation, then be sure to get in touch with a train accident lawyer from our firm today.
Who Can Be Held Responsible in a Railroad Crossing Accident?
There are multiple parties who are responsible for maintaining the railroad crossing and ensuring its safety. These parties include the company operating the train (ensuring safe speed and control), the owner of the railroad track (ensuring the tracks are safe and undamaged), and the county or city where the crossing is (ensuring clear signage and safety protocols). In some cases, all three parties may be liable for an accident.
What Damages Can I Claim After a Train Crossing Accident?
In most cases, plaintiffs are entitled to two kinds of damages: general damages, and special damages. General damages include noneconomic losses like “loss of enjoyment,” “pain and suffering,” or “mental anguish.” Special damages are specific itemized losses caused by the accident, like medical bills or lost income due to missing work. In rare cases, plaintiffs may be be entitled to punitive damages, or money awarded to plaintiffs solely to punish egregious defendants.
What Often Causes a Railroad Crossing Accident?
While most accidents are usually a combination of factors, the most important ones usually come down to warning signals and human error. For instance, there are railroad crossings all over the US that lack proper signage or line of sight for drivers, providing zero warning if a train is coming around the corner. This is often combined with the train operator’s failure to signal its approach or dial back the train’s speed.
What Laws Protect Injured Railroad Workers?
Railroad workers are protected by FELA, a federal law first enacted in 1908 that established safeguards and compensation for workers injured on the job. Unlike workers’ compensation claims that apply to most other employees, railroad workers can pursue additional compensation and benefits due to the particularly hazardous nature of their work. Railroad employees are also protected from unsafe work conditions under safety standards set forth by OSHA. Under FELA and OSHA, railroad companies are required to maintain safe working environments for all their employees. If they don’t they can be held responsible.
How Can I Prove That the Railroad Is Responsible?
One of the advantages of FELA is that an injured railroad worker need only prove that his or her employer was partially responsible in order to file a claim. Even a percentage of fault as low as 1% may be enough to seek benefits. In particularly complex, high-value cases, it may be beneficial to involve an attorney who has experience with railroad workers’ rights and FELA claims. With the right resources and in-depth knowledge of OSHA and FELA regulations, your attorney can identify and expose violations to prove fault and help you secure fair, complete compensation.
What if I Was to Blame for My Injury?
Even if you were to blame for your injury, you may still be entitled to compensation. Remember, your employer is responsible for paying compensation even if they were only 1% to blame. In looking at every detail leading up to your accident or injury, it may be easier than you think to find fault in someone other than yourself.
What Is FELA?
The Federal Employers’ Liability Act is a law that was created in 1908 to provide safety protections and compensation to railroad workers suffering from injuries. For over 100 years, it has held railroad employers liable for negligent behavior that causes workers to sustain injuries.
What Types of Injury Claims Are Possible with FELA?
FELA has been used to obtain compensation workers need after a variety of accidents and injuries. To make a FELA claim, a worker needs to prove that their employer was negligent, and that the negligence led to their injuries.
Should I Accept a Settlement After a Railroad Accident?
No. You should always speak with an attorney before accepting any type of settlement. Doing so will help you understand if the offer is fair. Once someone accepts a settlement, a person will be unable to pursue further compensation.
Who Is at Fault for My Toxic Exposure?
Multiple parties can be responsible for railroad toxic exposure. First, employers are responsible to make sure their workers have a safe environment to do their job in. This means protecting them from toxic hazards. Second, companies that produce chemicals that are toxic can be liable for making a dangerous product and failing to warn others about it.
Is There a Time Limit for Toxic Exposure Claims?
Yes. If you suspect that you’ve been exposed to toxic substances while working or are suffering from illness that might have been caused by one, contact Arnold & Itkin as soon as possible. The sooner you contact our firm, the more time your case will have.
Are Railroad Workers Protected by the Law?
Yes. The Federal Employers Liability Act (FELA) is a law that was created over 100 years ago to protect workers and provide compensation for them if they’ve sustained injuries. Our FELA attorneys are ready to hear your case and help you decide if your situation is covered by the law.
How Many People Are Hurt in Union Pacific Railroad Accidents Each Year?
Although Union Pacific claims to put safety as its number one priority, railroad accidents involving passengers, workers, and others still occur. According to the Federal Railroad Administration’s Office of Safety Analysis, there were 2,519 reported railroad injuries and deaths in the United States from January 1, 2020 through May 31, 2020. 346 of those involved Union Pacific, and 65 were fatalities. People who are injured in these incidents deserve a chance at justice.
What Are My Rights if I’m Injured as a Union Pacific Worker?
Railroad workers are protected by the Federal Employers’ Liability Act (FELA). Under FELA, Union Pacific is required to provide a reasonably safe place for its employees. Railway work is inherently dangerous, but failures to implement proper safety standards and acts of negligence or wrongdoing will give you the right to seek compensation for lost wages, pain and suffering, medical care, and possibly more. Our team at Arnold & Itkin can talk to you about what you may be entitled to receive.
What Should I Do if I Was Injured as a Passenger on a Union Pacific Train?
If you were injured as a passenger, you should talk to an attorney as soon as possible. Union Pacific and their representatives may try to contact you for a statement, or they may try to offer you a settlement. Before you sign anything, accept a check, or make a statement, talk to a legal professional who can advise you of your rights and options. You could be entitled to a significant amount of compensation, which would help you rebuild your life.
What Type of Cancer Is Roundup Linked To?
Recent studies have linked Roundup to non-Hodgkin's lymphoma, a rare cancer that occurs in the lymph nodes. Some studies have found that workers who were exposed to Roundup have a 41% higher chance of developing non-Hodgkin's lymphoma.
What Are the Symptoms of Cancer Caused by Roundup?
The cancer linked to Roundup occurs in the lymph nodes, the part of the body that produce white blood cells. They’re located in your neck, under your jaw, armpits, groin, and chin. Most people are familiar with their lymph nodes as the areas that doctors feel while checking for an infection. While swollen lymph nodes are not uncommon, their swelling is occasionally a sign of cancer. In addition to swollen lymph nodes, the symptoms of non-Hodgkin’s lymphoma may include fever, abdominal pain and swelling, chest pain, unexplained weight loss, chills, night sweats, and fatigue.
What Makes Roundup Dangerous?
Roundup’s active ingredient is a substance known as glyphosate. The EPA labeled glyphosate as possible carcinogenic to humans in 1985 after it was linked to causing tumors in mice. However, it rescinded this labeling later. In 2019, a meta-analysis by the Agricultural Health Study and multiple case-control studies strengthened the link between glyphosate and cancer.
What Are Some of the Long-Term Consequences of Sexual Abuse?
Every victim’s reaction to sexual abuse is different. Some experience severe post-traumatic stress disorder (PTSD), depression, or withdrawal and isolation. Some live in fear or feel a tremendous amount of guilt about what happened. Some experience feelings of grief, anxiety, or shock. These feelings can be constant, may come in waves, or may be triggered by certain circumstances or experiences. No matter the consequences, they may last for the rest of the victim’s life. They may color every single thing the victim does. This is why it is crucial to expose sexual abuse and stop it in its tracks. That’s why our firm is committed to seeking answers and accountability for victims of sexual abuse across the country.
How Do People in Positions of Power or Authority Sexually Abuse Others?
When a person is in a position of influence, authority, or power, they have a certain sway over others. This may be a teacher over her students, a doctor over his patients, or a priest over his congregation. Children are particularly vulnerable to this influence because they are told to listen to their elders and because they trust the adults in their lives. Sexual abusers in positions of authority may use threats, lies, coercion, or charm to work their ways into their victim’s lives. Because of their authority, victims may be afraid to speak out for many years or decades—if at all.
Who Can Be Brought to Justice for Systemic Sexual Abuse?
When sexual abuse occurs again and again within an institution, such as a church, school, or organization, that institution can be held accountable if it did anything to hide the abuse. It can also be held accountable if it failed to take reasonable measures to protect its members, students, employees, etc. Negligent hiring practices, failures to report and act against claims of sexual abuse, and outright cover-up operations have all occurred in some of our nation’s most trusted institutions. This cannot be tolerated. Victims have the right to see their abusers—and the institutions that allowed or hid their nefarious conduct—brought to justice.
Why Are Insurance Claims Denied?
Insurance claims are denied for a variety of reasons. One of the most common is that the claim was missing information. Providers may also deny claims on the basis that the policy did not cover what was claimed, that coverage limits have been exceeded, or for nonpayment of insurance premiums. Regardless of the reason for the denial, you need to remember that you have the right to challenge this. Don’t let a clerical error or act of outright dishonesty result in you being denied the coverage you deserve. Instead, talk to an attorney about your options and get the settlement or award you need.
Which Insurance Companies Deny the Most Claims?
Not all insurance companies are created equal. Some are known for denying more claims than others, and according to an article by the American Association for Justice (AAJ), the insurance industry has employed a “deny, delay, defend” strategy that places all policyholders at risk of having their claims denied. The AAJ found the following as the top 10 U.S. providers to deny claims: Allstate, Unum, AIG, State Farm, Conseco, WellPoint, Farmers Insurance Group, UnitedHealth, Torchmark, and Liberty Mutual.
No one deserves to have their insurance claim denied because a company wants to put profits over the well-being of policyholders. That’s why we’re so passionate about fighting for our clients’ rights.
When Should I Involve a Lawyer?
If you filed an insurance claim and it was denied, you may be hesitant to involve an attorney right off the bat. You should know, however, that the faster you act, the better your chances of getting the money you need. You should also know that most attorneys handle insurance claim denials on a contingent fee basis, which means you don’t have to pay anything unless your case is won. That’s how we handle things at Arnold & Itkin. Our Texas insurance denial attorneys charge no upfront costs and no legal fees at all unless we recover a settlement or award for our clients. So if your claim has been denied, you have nothing to risk by involving an attorney.
Was Transocean Responsible for the BP Oil Spill?
After the Deepwater Horizon exploded and sank, Transocean, BP, and every other company involved in the ownership of the rig and drilling efforts pointed fingers at one another. No one wanted to take responsibility for the catastrophe that claimed 11 workers' lives and caused unfathomable damage to the environment and businesses across the Gulf Coast. BP even filed claims against Transocean and others. As the owner and operator of the Deepwater Horizon, Transocean was responsible for the blowout preventer. Transocean had a strong safety record and had gone seven years without any serious incident that halted production, prior to the April 2010 explosion.
On September 4, 2014, a U.S. District Court Judge found BP, Transocean, and Halliburton guilty of violating the Clean Water Act. 67% of the blame for the oil spill was assigned to BP, 30% to Transocean, and 3% to Halliburton.
Do I Have Grounds for a Lawsuit Against Transocean or Another Party?
If you were adversely affected by the BP oil spill or any type of blowout or other offshore accident, you have the opportunity to seek compensation that can help you recoup your losses. It’s been years since the Deepwater Horizon explosion and resulting oil spill, but this does not mean that the struggle is over for individuals and businesses who suffered harm. Our team is here to help you understand your legal rights and to exercise these so you can recover and move on.
What Can Be Done to Prevent Companies From Causing Offshore Explosions?
Oil and gas companies are for-profit organizations. They will make decisions that they believe are in the best interests of their shareholders, and this means that they may sometimes act (or fail to act) in such a way as to put profits over safety. This is not guaranteed, but if you look at a history of offshore explosions and how companies like BP or Transocean have dealt with these, you can see that we have a long and tricky road to justice ahead. At Arnold & Itkin, we’re ready to stand up for injured offshore workers and all people whose lives are adversely impacted by the negligence and wrongdoing of others.
What Can I Recover with the Help of a Midland-Odessa Bus Accident Lawyer?
When you turn to a Midland-Odessa bus accident lawyer, they’ll work to make sure your finances are secure after a bus accident. Bus accident attorneys help survivors and the families of victims recover the costs related to an accident while holding the parties that caused it accountable. Often, a bus accident lawyer will work to recover compensation that extends far beyond a typical insurance policy. A Midland-Odessa bus accident lawyer can pursue compensation for lost wages, medical bills, the cost of future treatment, lost earning capacity, pain and suffering, and possibly more.
How Much Is It to Hire a Midland-Odessa Bus Accident Lawyer?
Hiring an attorney from our firm is affordable for anyone because we use contingency fees. This means that we cover all costs associated with a case and only collect a payment for our work if we obtain results. We cover court fees, costs associated with investigations, and other financial aspects a case needs for results.
Who Is Responsible for Bus Accidents?
This depends on your situation. At Arnold & Itkin LLP, we use an investigative approach with every case. Being thorough means we work to identify all parties that contributed to an accident, ensuring that our clients are receiving answers from all people and companies that might have caused their suffering.
Do I Need an Attorney After a Car Accident?
An experienced Midland-Odessa attorney will be able to pursue the compensation that you need after an accident—whether it’s from an insurance company or the at-fault party. In many cases, an attorney will be able to make a claim for a wide variety of damages not initially offered by an insurance company’s original settlement. This requires knowing the proper questions to ask about the accident.
What Can Midland-Odessa Car Accident Victims Claim?
Texas requires car accident survivors to make their personal injury claims within two years of the date of their injury. The state also employs a way of assigning fault called modified comparative fault. This means that every party involved with an accident is liable to receive a percentage of the blame. How much compensation you will be entitled to will depend on what extent the accident was the fault of the other parties; for instance, if you're found 10% at fault, your final compensation would be 90% of the total damages you've suffered.
What Types of Compensation Can I Recover?
A Midland-Odessa attorney can help you recover compensation for losses such as medical bills caused by the auto accident, future medical costs, pain and suffering, and lost wages or earning capacity. If a client has lost a loved one in a car accident, then we can help that spouse, child, or parent of the deceased recover financial damages related to their loss.
What Are Catastrophic Injuries?
A catastrophic injury can be any type of injury that causes a person to experience a negative change to the quality of their life permanently. A catastrophic injury can be burn injuries, serious back injuries, or anything else that impacts a person’s life in a negative. Some catastrophic injuries mean that a person will require assistance for the rest of their life while others cause a person to live with lessened independence.
What Is Recoverable After a Serious Injury?
A catastrophic injury lawsuit should be focused on making sure a survivor has the funds they need to adjust to life with their injuries. While nothing can change what happened, many people with catastrophic injuries can adjust to their new way of life. Importantly, doing this often requires financial security. So, an attorney can work to make sure clients with serious injuries have the financial security they need to rebuild and adjust.
Our Midland-Odessa lawyers may be able to recover the following damages from negligent parties on behalf of clients: past and future medical care, lost wages, diminished future earnings, psychological trauma, pain and suffering, and more.
How Much Does Hiring a Personal Injury Lawyer in Midland-Odessa Cost?
Hiring a lawyer from Arnold & Itkin LLP costs nothing upfront. Since we work on something called a contingency fee, we cover all costs associated with a case and only collect a fee if we win results. Working this way makes our services accessible, shows clients that we’re dedicated to results, and helps alleviate financial pressure on people who are already experiencing enough of it.
Who Can Be Sued in a Burn Injury Lawsuit?
The liable party in a burn injury lawsuit may be an individual or a business. One or more defendants can be named, depending on what caused the plaintiff’s injuries. The manufacturer of a dangerous consumer product, an oil company that put profits over safety, a truck driver who made an unsafe lane change—these are all examples of potentially at-fault parties. A complete investigation into your burn injury case can reveal who is accountable.
What Is My Burn Injury Case Worth?
The value of your case will depend on how serious your injuries are and the impact they have had and will have on your life. The purpose of a burn injury case is to help a survivor rebuild their life, as close as possible to where it was before the injury occurred. Any resulting settlement or verdict should cover all of the medical treatment associated with the burn injury, any lost earnings, loss of future earnings, ongoing treatment or therapy, and also emotional trauma like pain and suffering. This could result in a recovery of hundreds of thousands or even millions of dollars. If a Midland-Odessa burn injury attorney at our firm takes your case, you can rest assured that our team will do everything we can to maximize your compensation.
How Can I Afford a Midland-Odessa Burn Injury Lawyer?
You don’t have to worry about paying any upfront costs when you work with Arnold & Itkin. If we take on your burn injury claim, we will forward all the costs associated with investigating and building your case. We only collect our legal fees if and when we secure a settlement or verdict on your behalf. Plus, there is no risk and no obligation when you call or contact us online for your free initial consultation. You don’t have to come up with any money ahead of time, and you do not have to worry about any of our fees unless we win.
Do I Need a Motorcycle Accident Lawyer If My Injuries Are Minor?
Calling a Midland-Odessa lawyer after an accident is never a bad idea. Though your injuries might seem minor or even non-existent, you might have problems that will become more obvious with time. Additionally, a motorcycle accident can help you keep the insurance company you’re working with fair and honest. Importantly, you should also see a doctor immediately after an accident, even if you’re not sure if you’ve sustained injuries.
Why Should I Call an Attorney Immediately After a Motorcycle Accident?
The sooner you call an attorney after a motorcycle accident, the stronger your case will be. After an accident, you can be certain that an insurance company will be collecting evidence about it. Having an attorney means someone will also be investigating your case that’s invested in your recovery. We’ll gather evidence, speak to witnesses, and visit the scene of your accident as soon as possible.
How Much Is Hiring a Midland-Odessa Motorcycle Accident Lawyer?
Our firm works on something known as a contingency fee. This means that our services are available to anyone who needs our help. Contingency fees mean that we’ll cover all costs associated with your case. Whether we need to hire investigators, experts, or any other step for your case's success, you won’t have to worry about it. Best of all, we only collect a fee if we win results for you. This way, you can be certain that we’re working for your recovery, and you won’t be left on the hook.
Can I File a Wrongful Death Claim If I Lost a Relative in a Motorcycle Accident?
Yes. If an immediate family member was killed in a motorcycle accident, you might be able to file a wrongful death claim. People who are most often able to file a wrongful death claim include spouses, parents, and children of those killed in an accident.
Who Is Liable for Oilfield Accidents?
Oilfield accidents are always unique because they might involve multiple parties. Site owners, contractors, and even companies that own nearby pipelines have caused serious accidents. Our oilfield accident lawyers are ready to investigate your case to make sure all negligent parties are being held accountable.
Why File an Oilfield Accident Claim?
An oilfield accident claim helps workers recover the amount of compensation that they need rather than the amount they’re offered as a settlement from a company or insurer. If you’ve been in an accident, it’s important to call a law firm as soon as possible. Doing so will help you find out what your next steps should be.
Do Car Accidents Count as Oilfield Accidents?
The roads near Midland-Odessa have become an unexpected source of oilfield accidents thanks to increased traffic from the Permian Basin. If workers or residents are harmed by vehicles with ties to an oilfield, our oilfield accident lawyers might be able to help them.
Will Workers' Comp or Personal Injury Apply to My Oilfield Accident?
If an employer purchased workers' compensation insurance, an oilfield accident may be covered by workers' compensation. This no-fault system helps injured workers get medical treatment and covers a portion of their lost wages without having to prove that someone else was to blame for their injuries. It does not, however, cover as many losses and expenses as personal injury lawsuits do. It also doesn't necessarily hold any of the companies at fault accountable for what happened to you. Regardless, the Midland oilfield accident lawyers at Arnold & Itkin take the approach that offers plaintiffs the best opportunity for a full and complete recovery. No matter what.
How Common Are Train Accidents?
Many regard trains as being a very safe form of transportation. However, with trains constantly running across thousands of miles of train tracks in the United States, accidents are more frequent than many people realize. In fact, a train collision or derailment occurs every 90 minutes in the U.S. A train carrying hazardous chemicals derails every 2 weeks.
Who Is Often Responsible for Train Accidents?
Train accidents are often caused by train manufacturers, owners, or their operators. Trains require precision, skill, and focus to safely operate, and accidents are often a signal of a misstep by someone in charge of its operation. Track maintenance is also a major factor in train accidents; U.S. tracks are infamously lacking in maintenance.
What Causes Train Accidents in Midland-Odessa?
Train accidents may be caused by worn and broken switch points, defective and missing crossties, traveling at an unsafe speed, unsafe shove movements, improper hand brake use, and reckless operation by conductors. Train accidents are virtually always caused by predictable and preventable causes, and they should be blamed on the irresponsible behavior of railroads and train companies. If an accident occurs, all at-fault parties must be held accountable. Our Midland-Odessa train accident lawyers help the injured determine who is at fault and fight to get compensation for our clients' medical costs, lost wages, and ongoing care.
What Are Common Causes of Work Accidents?
Negligence is the most common cause of work accidents. While every incident is unique, our team has noticed that a common set of factors trigger them. Poor equipment maintenance, equipment failures, falling objects and flying debris, failures to comply with safety regulations, inadequate inspections, and insufficient training can all cause serious on-the-job accidents, injuries, and illnesses.
I Was Injured in the Midland-Odessa Area. What Should I Do?
There are three important steps that every injured worker should take: getting medical care, informing their employer, and speaking to an attorney. Taking these steps is the best way to protect your interests and legal rights after any type of workplace accident or injury.
Why Should I Get Help from a Work Accident Lawyer?
Getting help from a work accident lawyer means having someone on your side who is dedicated to helping you recover from your accident. While no results are guaranteed, a work accident lawsuit is always focused on helping injured workers and their families have the financial stability they need during difficult moments. Lawsuits can help recover monetary losses for past, present, and future expenses caused by an accident.
Our Midland-Odessa work injury attorneys may be able to help you recover losses such as lost wages, medical bills, the cost of future care, lost earning capacity, pain and suffering, and more.
Is Hiring an Industrial Injury Lawyer Expensive?
Hiring an attorney from Arnold & Itkin LLP costs nothing upfront. We work on something called contingency fees, which means we’ll only collect a payment if we win results during a case. Our industrial accident team in Midland-Odessa covers all expenses as we work, including court fees and other costs associated with a claim. Working this way helps clients trust we’re working for the best results while also making our services attainable for people from all types of backgrounds.
What Causes Construction Accidents?
Every accident is different. However, many have one thing in common: negligence. Some of the factors that commonly contribute to Midland-Odessa construction accidents include tired workers, undertrained or inexperienced workers, violations of state and federal safety laws, lack of fall protection, lack of protection for ground workers, and poorly maintained, defective, or dangerous machinery.
Those in charge of construction sites are required to eliminate these hazards from worksites by taking steps to stop them. Training, safety equipment, inspections, and responsibility are required at all times to do this.
What Is the Fatal Four?
The Fatal Four is a set of the most common fatal accidents in the construction industry. According to OSHA data, if these accidents were prevented, over half of construction-related fatalities would be prevented in the United States. In 2018, this would have meant that 591 lives would have been saved had these hazards been prevented as they should’ve been. Construction’s “Fatal Four" are: falls, struck by swinging, flying, or falling objects, electrocution, and caught-in/between accidents.
What Can You Recover After a Construction Accident?
If you’ve sustained serious injuries while working at a construction site, it’s important to find out if your company has a workers’ compensation policy. Importantly, Texas is the only state that doesn’t require employers to have this coverage. If your employer does have workers’ compensation, you can file a claim. However, you should also speak with an attorney before accepting any type of payment from your workers’ compensation claim.
Personal injury claims help recover economic damages such as lost wages, lost earning capacity, medical bills, costs of future medical care, and emotional trauma like pain and suffering. These recovery options listed above extend far beyond the payment provided by a workers’ compensation plan. A personal injury claim can help you pursue the full amount of compensation you need rather than only receiving the limits of workers' comp.
What Can Be Claimed in a Wrongful Death Suit?
Since wrongful deaths are treated similarly to Midland-Odessa personal injury cases, economic losses are a part of the claim. However, family members may also claim emotional distress during a wrongful death claim, as well as punitive damages in order to incentivize the at-fault party to change their ways. Damages that can be claimed in a wrongful death case may include medical costs related to the cause of their death, funeral expenses, lost wages and benefits that the individual would have made if still alive, services that the individual would have provided, and the emotional suffering of surviving family members.
What Are the Causes of a Wrongful Death?
Midland-Odessa has a booming oil economy. Each day, workers are placed at risk from toxic substances and dangerous machinery. Workers may die in the oilfield because their employers or other people act negligently, either by failing to provide maintenance or training or through unsafe practices. However, wrongful death isn't limited to dangerous occupations; people can die from negligence in nearly any context. Car accidents, workplace accidents, unsafe property grounds, defective drugs, and defective products can all cause wrongful deaths.
Is There a Time Limit That Applies to Wrongful Death Lawsuits in Midland, TX?
Yes, there is a statute of limitations on wrongful death lawsuits in Texas, which will apply to a case filed in Midland, Odessa, or the surrounding areas. Your wrongful death attorney should take the necessary steps to make sure you do not miss this deadline, as that could nullify your ability to file your case. You have two years from the date of your loved one's death to file a wrongful death lawsuit in Midland-Odessa.
Who Can I Sue for a Truck Accident?
A truck driver, loading company, shipping company, manufacturer, truck company, or any other party responsible for causing a truck accident may be held liable in civil court for the harm the collision caused. Our Midland big rig accident attorneys know how to expose cause and establish liability so we can see justice served.
What Is One of the Most Common Causes of Truck Accidents in Midland-Odessa?
Driver fatigue. Some companies give their implied approval to practices that help truckers violate hours of service regulations without discovery—an illegal practice. New drivers often "learn" bad habits, like keeping two logbooks that allow them to drive big rigs and 18-wheelers 15 hours or longer without alerting federal regulators.
Some trucking companies encourage "hard-driving" like this, but the consequences are steep. The data suggests that 13 percent of truck crashes are directly caused by fatigue—although the experts believe 13 percent is far too low, as fatigue is underreported as a crash factor.
What Causes Airplane Accidents?
It often takes more than one simple cause to bring down a helicopter or plane. There is often a chain of separate events that lead up to a crash, such as months of failing to perform required maintenance, a poorly designed instrument, a failure to check the weather before taking off, or other failures in equipment or routine procedure. This also means that there may be more than one party who is liable for the plane crash. Our attorneys have the resources and determination to get to the root of the matter and uncover every party that needs to be held responsible for their negligence.
Who Is at Fault for an Aviation Accident?
Just as there is often more than one reason that an aircraft crashes, there are often multiple parties liable. This can mean that the pilot, ground crew, airline, parts manufacturer, and other parties could all play a part, as equipment failure, inadequate policies, and poor decision-making are all factors that could have played into a plane accident.
How Can a Midland-Odessa Aviation Accident Lawyer Help Me?
Whether you were injured in a plane or at the airport, or you lost a loved one in an aircraft accident, it is a good idea to speak with a lawyer to discuss what your legal options are. While filing a legal claim may not rank high on your priority list, it can help you get to the bottom of what happened and finding out whose negligence led to the accident. With the right attorney behind you, you can find the answers you need, hold the responsible parties accountable, and gain the financial recovery you need to rebuild and move forward.
What Does It Cost to Hire an Aviation Accident Attorney?
At Arnold & Itkin, it will cost you nothing upfront to hire us. Our attorneys work on a contingency basis, which means that we won't charge anything until your case is complete, and only if your case ends in you recovering a financial settlement or jury award. In other words, we only get paid if and when you win your case. We get paid a percentage of whatever you're awarded, and in the meantime, we will front the costs of your case. Our job is to get you the financial compensation you deserve, without adding any financial burden or stress. We're here to help.
What Are Common Causes of Amputations?
Some of the top reasons that people need a traumatic amputation include injuries from motor vehicle accidents, pedestrian accidents, and workplace accidents, especially work that occurs on construction sites and at industrial plants. Far too many of these accidents involve driver negligence or corporate negligence, such as a failure to provide safety inspections, training, and equipment.
What Financial Recovery Can I Get from an Amputation Claim?
In a fair settlement or verdict, a plaintiff in an amputation lawsuit will have more than their past medical treatment and lost wages covered. They deserve to also have the costs of ongoing care and therapy, prosthetics, medications, assistive devices, and other future needs paid for, and to also be compensated for loss of earning capacity. With the right lawyer, a plaintiff can also recover damages for mental and emotional trauma as well. When it comes to traumatic, life-changing accidents that force someone to lose a limb or get an amputation, these victims deserve to have every resource at their disposable to rebuild their futures and live full lives.
What Will It Cost Me to Hire One of Your Midland-Odessa Amputation Lawyers?
At Arnold & Itkin, we front the costs of your legal case. Even if we end up taking the case to trial, we will handle all the associated costs. We only charge our clients if we win a settlement or jury verdict for them, taking our pay from part of the compensation that we win for our clients. We won't charge a cent before the case is finished. Our mission is to provide our clients with peace of mind, not additional financial strain.
What Steps Do I Take After a Brain Injury?
If you or a loved one has suffered from head trauma or a brain injury, get medical help. The first step is to get the care and treatment you need. Then after immediate medical necessities have been addressed, speaking to a Midland-Odessa injury lawyer can help you assess your legal options. It might be possible to file a workers' comp claim, file an auto accident claim, or pursue other types of legal action to get your past and future costs for the injury covered by the person who is actually responsible.
What Are Symptoms of a Brain Injury?
After head trauma or any other type of accident, if you experience memory loss, a sudden sensitivity to noises and light sources, attention deficits, or even depression, these would be considered mild symptoms of brain injury. They are not safe to ignore. In more serious cases, you may note impaired motor skills and memory processing. Physical symptoms of a brain injury include headaches, speech issues, blurry vision, hearing loss, lethargy, balance problems, dizziness, and insomnia, while mental issues such as amnesia, concentration issues, depression, and anxiety can also manifest.
Can Traumatic Brain Injuries Be Treated?
The earlier a brain injury patient gets treated, the better their odds of recovery are. In some cases, a traumatic brain injury is mild enough that following rest orders and a medication regimen will be enough, but be sure to be alert to any further TBI symptoms that require further medical attention. In more serious cases, treatments could require surgeries and long-term rehabilitation.
What Are Common Causes of Spinal Cord Injury?
Car, truck, and motorcycle accidents are one of the leading causes of spinal cord injuries in Midland, Texas, and the entire country. Motor vehicle accidents account for nearly half of the spine injuries each year in the United States. After that, falls account for nearly a third of spinal cord injuries, with violence and sports and recreation also making the list of leading causes.
Determining the cause of your injury is an important part of recovering the compensation you need for medical treatment and ongoing care, not to mention lost earnings or loss of earning potential. Our Odessa spinal cord injury attorneys can help determine cause and fault.
How Much Does It Cost to Live with a Permanent Spinal Cord Injury?
Hospital and medical bills, assistive devices, therapy, and more all add up to significant expenses. For someone with paraplegia at age 50, these lifetime healthcare costs can total up to $1.5 million. That cost looks more like $2.3 million for a paraplegic who was injured when they were 25 years old. If the 25-year-old's spinal cord injuries amounted to quadriplegia, the lifetime healthcare costs to range from $3.4 million to $4.7 million. If a 50-year-old became a quadriplegic, the lifetime medical costs could still add up to $2.1 million or $2.5 million.
These costs are exacerbated by the fact that the injured person has a reduced earning capacity or may be unable to work at all.
Who Is at Fault for a Spinal Cord Injury?
If a neck or back injury came from a car accident, then the other driver in the crash may be liable. If it came from a fall, then the property owner may be responsible. If the injury happened at work, then a workers' comp claim or third-party lawsuit may be in order. For injuries stemming from a defective product, then a lawsuit against the manufacturer could be the next step.
Our Midland spine injury attorneys are well-versed in the investigation it takes to determine what happened, who is responsible, and what legal options a spinal cord injury victim has for rebuilding and moving forward.
What Causes Traumatic Amputations?
Traumatic amputation and loss of limb may be caused by industrial accidents, construction accidents, defective and dangerous products, severe burns, heavy machinery malfunction, motor vehicle accidents, explosions, and crush injuries. If you were working or were injured in any type of accident in New Mexico and you want to know what rights you have, you can get the answers and insight you need at Arnold & Itkin. Our attorneys have a proven track record of securing considerable settlements and verdicts in these complex cases. If we take on your case, the insurance company will know that we mean business. We won’t stop until we see justice served.
I Suffered an Amputation on the Job. What Should I Do?
In New Mexico, any companies with three or more employees are required to carry workers’ compensation insurance. This is meant to cover all on-the-job injuries and illnesses on a no-fault basis. Injured workers do not need to prove that someone else was to blame to receive payment for medical care and lost earnings. If someone other than your employer or a co-worker was to blame, however, you could have a third-party personal injury lawsuit. This would entitle you to additional compensation for emotional trauma, full loss of earnings, and more. If you have been injured, contact an attorney as soon as possible. Even if workers’ comp applies, you will benefit from having a legal professional handle your claim (and help you avoid common missteps that could delay or jeopardize your benefits). Your attorney can pursue every possible source of compensation to help you.
What Is my New Mexico Amputation Injury Claim Worth?
No two injury cases are the same. The value of yours will depend on the impact that your injury has had and will have on every aspect of your life: physically, financially, and emotionally. Our New Mexico amputation lawyers will work with economists, medical professionals, and other experts to determine the fair value of your claim. This can make all the difference after an amputation. We cannot go back and prevent this catastrophe from happening in the first place, but a fair recovery can help you move on with your life.
What Are Some Symptoms of Brain Damage?
When a person suffers head trauma or experiences a brain injury caused by a lack of oxygen or blood to the brain, he or she may exhibit specific symptoms. These may range from mild to severe and can affect memory, consciousness, vision, and more. Blurry vision, confusion, nausea, dizziness, memory loss, ringing in the ears, difficulty speaking, headache, and loss of consciousness are all potential symptoms of a brain injury.
If you or someone you know was injured and is experiencing these symptoms, be sure to seek medical attention as soon as possible. We also recommend talking to a New Mexico brain injury attorney about your right to compensation for medical care, lost earnings, and emotional trauma.
What Causes Brain Damage?
According to the U.S. Centers for Disease Control and Prevention, traumatic brain injury (TBI) is a leading cause of death in the U.S. In 2014 alone, there were nearly 2.9 million emergency department visits, hospitalizations, and deaths related to TBI. Falls were the leading cause of TBI-related emergency department visits in 2014, followed by motor vehicle accidents and then injuries caused by being struck by or against an object.
Closed or open head trauma, falls, and auto accidents may all cause traumatic brain injuries that leave victims facing uncertain futures. Serving Albuquerque, New Mexico and the entire country, our team is committed to helping TBI victims look toward more stable futures–where they get the care and support they need.
How Can a New Mexico Brain Injury Lawyer Help Me?
The last thing you want to deal with, when you’re already suffering the consequences of a brain injury, is a lawsuit. But, this may be your only option to recover the type of compensation that will provide for your lifelong care. It may be the only way you can seek justice in a loved one’s name. Whether you’re dealing with an insurance claim after a car accident, a workers’ comp claim after a work-related brain injury, or are considering a personal injury lawsuit after a fall on another’s property, Arnold & Itkin can help. Your case is important. It deserves the time and attention of a proven team of New Mexico brain injury attorneys that can pursue the compensation you need.
Who Can Be Held Responsible for a Burn Injury In Albuquerque, New Mexico?
Any individual or business entity can be held legally responsible for medical bills and other losses and expenses resulting from burn injuries. These cases are handled in civil court, where the burden of proof is on the plaintiff (injured party) to prove that the defendant (at-fault party) caused quantifiable harm. This could be a drunk driver, the manufacturer of a defective product, an employer who overlooks safety standards, or even a person who causes intentional harm. If you suffered any type of burn injury from any cause, there is a path to justice. You can find it with the help of our experienced New Mexico burn injury lawyers.
What Happens After a Work-Related Burn Injury?
If you were injured at work, you need to inform your employer within 15 days. Failure to do so could negatively impact your right to workers’ compensation benefits, which are provided to injured workers on a no-fault basis. New Mexico employers are required to carry workers’ compensation insurance, and reporting your injury and seeking medical attention are the first two steps you should take. After that, involve an attorney who can help push your claim through to a successful result. An attorney can even talk to you about your right to additional compensation through a third-party personal injury lawsuit.
What Are Typical Treatments for Burn Injuries?
First- and second-degree burns typically will heal with no scarring. Treatment will include keeping the area clean and infection-free. With third-degree burns, treatment is far more extensive. These severe burns affect deeper layers of the skin, muscle, nerves, and even bones and organs. Patients with serious burn injuries may require medication, surgery, physical therapy, rehabilitation, and assisted care for life.
The treatment and ongoing care for burn injuries will be expensive. What’s more, a victim of severe burns may be unable to return to work in the same field or may be unable to work at all. The accident itself, plus any resulting scarring and disfigurement, can lead to significant psychological trauma that affects the victim in countless ways. Our Albuquerque burn injury attorneys take all these factors into consideration and relentlessly pursue the compensation our clients need for their treatment, care, and support–for life.
What Should I Do After a Spinal Cord Injury in New Mexico?
If you were injured in any type of accident, you need to make your health a top priority. Seek medical attention as soon as possible, and follow your doctor’s orders. Seek out a specialist if needed. Once you’ve received the medical care you need, contact an attorney. You have specific rights and responsibilities when it comes to filing a spinal cord injury claim, and an experienced attorney can set you on the right track.
If you were injured at work, for example, you have only 15 days to inform your employer or your right to workers’ comp benefits could be jeopardized. If you were injured at work or in any other scenario, it will be important to have your attorney handle all communication with the insurance provider and other parties to ensure you are not wrongly blamed for the accident or pressured into accepting an unfairly low settlement. The right attorney will be there to protect your interests every step of the way. That’s the level of counsel you’ll find at Arnold & Itkin.
What Experience Do You Have With Spinal Cord Injury Cases?
Our firm has extensive experience handling spinal cord injury cases for all types of individuals and workers across the country. We secured a $117 million personal injury verdict for a pregnant woman who suffered spinal cord and brain injuries in an accident while she was being transported in an ambulance. We also negotiated a $7.4 million settlement for a contractor who experienced spinal injuries in a plant accident, a $5.3 million settlement for a worker who suffered a spine injury in a workplace explosion, and fought for a $3.2 million recovery for a worker who experienced spinal cord injuries during a plant turnaround. We have numerous million-dollar and multi-million dollar recoveries for spinal cord injury victims–the type of results that ensure they’re lifelong care.
What Does It Cost to Hire Your Firm to Handle My Spinal Cord Injury Claim?
Arnold & Itkin handles spinal cord injury cases in New Mexico and across the U.S. on contingency. This means we only get paid if we secure a settlement or verdict on behalf of our clients. We also forward all expenses related to investigating, preparing, and litigating these cases. If you work with our firm, you do not have to worry about any upfront costs and pay no legal fees at all unless we win. There’s no risk but so much to gain by putting our team in your corner–especially when you consider the level of care and attention we put into every case and client.
What Compensation Can Be Recovered in an Injury Claim?
In Texas personal injury claims, an injured individual can potentially recover several types of compensation, including general damages for non-measurable losses like pain and suffering, lost wages for income not earned during recovery, medical bill expenses, and lost future earning potential. In cases of gross negligence, punitive damages might also be awarded. Additionally, family members of the injured person can seek damages, such as loss of consortium (loss of affection), or file a wrongful death claim if the injury results in the victim's death.
How Quickly Must I Report a Work Injury in Texas?
In Texas, employees are given a 30-day period starting from the date of the injury or the first appearance of an illness to notify their employer. This critical step is essential for initiating the workers' compensation process. Delaying beyond this timeframe risks forfeiting the right to claim benefits and coverage, potentially impacting the employee's ability to receive financial assistance and medical care for the injury or illness sustained at work. It's crucial for workers to act promptly to safeguard their rights and ensure access to the benefits they're entitled to.
What Areas Do You Serve?
With convenient office locations in Houston, Dallas, Midland, San Antonio, Albuquerque, and Baton Rouge, Arnold & Itkin is equipped to take on cases from coast to coast, including throughout Texas, Louisiana, New Mexico, and beyond. Regardless of where you have been hurt, if you or someone you love has been injured due to someone else’s negligence, you can trust our trial lawyers to be there to help you fight for the compensation you deserve.
Can I Get Compensation for a Burn I Suffered at Work?
Yes. If you suffered a burn injury at work, you may be entitled to compensation through workers’ compensation or a personal injury lawsuit.
Workers’ compensation benefits may cover medical bills and lost income, but in some cases, you may also pursue a lawsuit against a negligent third party or product manufacturer. This type of claim can allow recovery for additional damages, such as pain and suffering, which workers’ compensation does not provide. It is important to report the injury to your employer right away, seek medical treatment immediately, and consult with a Texas burn injury attorney who can guide you through the claims process and help maximize your recovery.
What Burn Centers Are Located Near Houston, TX?
Houston has several leading burn treatment facilities, including the John S. Dunn Burn Center at Memorial Hermann, the UT Physicians Burn & Wound Care Center, and UTMB Health’s Blocker Burn Center.
The John S. Dunn Burn Center at Memorial Hermann–Texas Medical Center provides acute care in a dedicated 14-bed unit, along with hydrotherapy and outpatient services. The UT Physicians Burn & Wound Care Center offers specialized treatment for both burn and complex wound patients. UTMB Health’s Blocker Burn Center, recognized as the first U.S. burn center certified by both the American College of Surgeons and the American Burn Association, delivers 24/7 Level 1 Trauma care. Together, these centers provide emergency treatment, reconstructive surgery, and long-term rehabilitation for people with serious burn injuries in the Houston area.
How Much Can You Get from a Spinal Injury Case?
The value of a spinal cord injury case will depend on the severity of the injury and its impact on all aspects of the survivor's life. Working with medical experts, economists, and other professionals, our Midland spinal cord injury lawyers work diligently to determine the full and fair value of each client's case. We may be able to pursue compensation for medical expenses, ongoing care, assistive devices, home modifications, lost wages, loss of future earnings, emotional trauma, and more.
With cases like these, a fair settlement or verdict can ensure a person living with a spinal cord injury has everything they need for the rest of their life.
What Is the Statute of Limitations for a Truck Accident Case in Texas?
In Texas, the statute of limitations for filing a truck accident lawsuit is generally two years from the date of the accident, as outlined in Texas Civil Practice & Remedies Code § 16.003. This applies to personal injury and wrongful death claims, but exceptions exist. If the claim involves a government entity, a notice of claim may be required within six months. If injuries were not immediately apparent, the clock may start from the date of discovery. Additionally, for minors or incapacitated victims, the deadline may be extended. Missing the statute of limitations can bar you from seeking compensation, so it’s critical to act quickly and consult a Texas truck accident lawyer to protect your rights.
How Does Failing to Properly Maintain Trucks Lead to Accidents?
Failing to properly maintain trucks leads to accidents by increasing the risk of mechanical failures that make the vehicle unsafe to operate. Worn brakes can prevent a truck from stopping in time, underinflated or worn tires can lead to blowouts, and faulty steering systems can cause a driver to lose control. Additionally, malfunctioning lights reduce visibility, increasing the likelihood of collisions, especially at night. Neglecting routine inspections and repairs puts both truck drivers and other motorists at serious risk. Federal regulations require trucking companies to conduct regular maintenance, but when they cut corners to save time and money, lives are put in danger.
Who Is Liable for a Truck Accident?
Liability for a truck accident can involve multiple parties, depending on the cause of the crash. The truck driver may be responsible if negligence—such as speeding, distracted driving, or fatigue—played a role. The trucking company can be liable if it failed to follow safety regulations, pressured drivers to exceed legal hours, or neglected vehicle maintenance. Manufacturers may be accountable for defective parts, while maintenance providers could be at fault for improper servicing. Additionally, cargo loaders might bear responsibility if unsecured or overloaded cargo contributed to the accident. Because truck accident liability is often complex, a thorough investigation is essential to identify all responsible parties and pursue full compensation.
Where Do You Handle Truck Accident Cases?
We handle cases nationwide, with our offices in Houston, Dallas, Midland, and Baton Rouge. Our help extends to clients in Texas, Louisiana, New Mexico, and beyond, including in cities like Austin, Corpus Christi, Ft. Worth, San Angelo, and Tyler. To learn more if we can help you, we encourage you to call today!
How Do Bus Accidents Endanger Other Drivers, Cyclists & Pedestrians?
During a bus accident, not only are passengers in danger, but the safety and well-being of other drivers, bicyclists, and pedestrians on the road are jeopardized. While the large size of a bus perfectly serves the purpose of transporting many individuals at once, it also poses a problem for others on the road, particularly when it comes to an accident. There is a significant difference in size and weight when comparing a bus to a passenger vehicle. On the road, a bus could easily cause serious damage to the smaller, lighter vehicle if they were to collide.
How Can a Houston Bus Accident Attorney Help Me?
After a bus accident, the insurance company might offer you a settlement that seems fair, but it will do little to cover your long-term losses. Or, you may be uncertain of who should pay for your medical care. Whether you have questions or have already been approached by the bus company or their insurance company about your accident, you can get the help and answers you need from a skilled lawyer. We offer a free initial consultation to talk to you about your bus accident, the next steps, and how to recover the fair compensation you need.
What Should I Do After a Bus Accident?
The first step after any accident is to seek medical attention. You need to put your well-being first, so even if you feel that you are not seriously injured, see a medical professional and tell them that you were in a bus accident. They will know what injuries to look for, even those that do not immediately present themselves, like whiplash. Once you've seen a doctor, contact an attorney. Whether you were a passenger on the bus, were driving another car, or were struck by a bus while riding a bicycle or walking, an attorney will be able to help you understand your options and how to seek a fair recovery.
How Long Do I Have to File a Motorcycle Accident Claim in New Mexico?
In New Mexico, the statute of limitations for most personal injury lawsuits is three years from the date of the incident that caused you harm. For a motorcycle accident, that would be within three years of the crash. There are some exceptions, however. If the victim is a minor, the statute of limitations does not start until they turn 18. Our New Mexico motorcycle accident lawyers can explain more when you call for a free consultation.
Are Companies Liable for Louisiana Boat Accidents Caused by Weather?
Yes, companies are responsible for ensuring their crews are not facing increased risks caused by severe weather. If there's a chance of extreme weather, vessel owners and operators are obligated to turn back to shore. On the day that the Seacor Power capsized, the U.S. Coast Guard had issued a warning of "significant hazards to life and property." In other words, there was a warning that the boat should not have gone out that afternoon.
When Do I Need to Report a Boat Accident?
Federal law outlines specific deadlines for reporting recreational boating accidents. An accident must be reported within 48 hours if someone dies, is missing, or requires medical treatment beyond first aid. An accident must be reported within 10 days if it caused vessel or property damage alone.
Different deadlines apply to filing a claim or lawsuit for personal injuries or wrongful death. Our Louisiana boat accident attorneys can offer insight that applies to your situation when you call for a free consultation.
What Damages Can I Recover from a Boating Accident Claim?
If you were involved in a boating accident, you may be entitled to economic and non-economic damages. This may include payment for medical treatment, ongoing care as needed, lost earnings, loss of earning potential, and even emotional trauma such as pain and suffering. The party (or parties) responsible for causing your accident should be held legally accountable for paying these damages, which would help you rebuild and move on with your life.
Can I Still Recover Compensation If I Was Partially At-Fault for a Truck Accident?
Yes, under Texas's modified comparative negligence rule, you can still recover compensation if you were less than 51% at fault for the truck accident. However, your compensation will be reduced by your percentage of fault. For example, if you're found to be 20% at fault and the total damages are $100,000, you would be able to recover 80% of the damages, or $80,000.
What Should I Do After a Cargo Ship Accident?
If you're involved in a cargo ship accident, your first priority should be ensuring your safety and the safety of those around you. Follow emergency procedures and cooperate with rescue efforts. Once safe, document your experience and any injuries. Then, consult with a cargo ship accident attorney to understand your rights and explore options for compensation, especially if the accident resulted from negligence or safety violations.
Can Crew Members Receive Compensation for Cargo Ship Accidents?
Crew members injured in cargo ship accidents may be entitled to compensation under maritime laws such as the Jones Act, which allows seamen to seek damages from their employers for injuries caused by negligence. Compensation can cover medical expenses, lost wages, and other damages. Consulting with a container ship accident lawyer can help you determine eligibility and guide you through the claims process.
How Many Crew Members Does a Container Ship Have?
The crew size of a container ship can vary significantly depending on the vessel's size, route, and operational requirements. Typically, a modern container ship operates with a crew of between 20 to 40 members. This includes officers who manage the navigation and technical operations, as well as ratings who handle general duties, maintenance, and cargo operations. For larger and more technologically advanced ships, the crew size might be on the lower end due to automation and efficiency improvements, while smaller or older ships might require more personnel for manual operations.
What Are Some of the Types of Cargo Ships?
Cargo ships are categorized based on the type of cargo they carry and their specific design features. Common types include bulk carriers, container ships, tankers, general cargo ships, reefer ships, roll-on/roll-off (ro-ro) ships, and heavy lift ships. Ro-ro ships, for example, are equipped with ramps that allow vehicles to be driven on and off the vessel. Reefer ships have refrigerated holds for transporting perishable goods.
What Compensation Can I Receive After a Container Ship Accident?
After a container ship accident, the type of compensation you may be eligible to receive depends on your role in the incident and the jurisdiction under which the claim is made. For crew members, compensation might include medical expenses, lost wages, rehabilitation costs, and damages for pain and suffering under laws like the Jones Act (in the U.S.). Others could claim for injuries, loss of property, and psychological distress. A container ship accident lawyer can help you understand what compensation you may be able to receive.
What Is the Time Limit for Wrongful Death in Texas?
In Texas, the statute of limitations for filing a wrongful death claim is generally two years from the date of the individual's death. This legal timeframe is crucial as it sets the period within which the deceased's family or estate representatives must initiate legal action against those responsible for the death. Failure to file within this period can result in the loss of the right to seek compensation through the courts.
What Damages Are Available in a Wrongful Death Lawsuit?
In a wrongful death lawsuit, damages aim to compensate the deceased's family or estate for the loss and suffering resulting from their loved one's untimely death. These can include economic damages, such as lost earning capacity, medical and funeral expenses related to the deceased's final illness or injury, and loss of inheritance. Non-economic damages may also be sought, covering pain and suffering, loss of companionship and support, and mental anguish experienced by the survivors. In some cases, exemplary (punitive) damages may be awarded to punish the wrongdoer for gross negligence or willful misconduct and to deter similar behaviors in the future. The specific damages available can vary based on the case's circumstances and the relationship between the deceased and the claimants.
Are Punitive Damages Awarded in Wrongful Death Lawsuits?
In wrongful death lawsuits, punitive damages, also known as exemplary damages, can be awarded, but they are not automatic. These damages are intended to punish the defendant for particularly reckless, egregious, or malicious behavior and to deter similar conduct in the future. The awarding of punitive damages is subject to specific legal standards, and claimants must present clear and convincing evidence of the defendant's gross negligence or willful misconduct. The decision to grant punitive damages rests with the court or jury and is made in addition to compensatory damages that cover economic and non-economic losses.
What Is the Burden of Proof in a Wrongful Death Case?
In a wrongful death case, the burden of proof falls on the plaintiff, who must establish the defendant's liability for the deceased's death by a "preponderance of the evidence." This legal standard is lower than the "beyond a reasonable doubt" requirement used in criminal cases. To meet this burden, the plaintiff must show that it is more likely than not that the defendant's negligence or wrongful actions directly caused the death. Essentially, the evidence presented by the plaintiff must tip the balance in favor of their claims, convincingly demonstrating that the defendant's conduct resulted in the loss of life and justifying the claim for damages. This involves proving elements such as duty of care, breach of duty, causation, and damages.
What Causes the Worst Oil and Gas Accidents in Dallas?
The vast majority of oil and gas accidents are triggered by unique factors, but the underlying causes are typically the same. When our Dallas oil and gas accident attorneys investigate serious injuries or catastrophic explosions, the culprits are typically: cuts to safety spending, neglect of maintenance, and poor management. As a boom-and-bust business, oil and gas extraction needs accountability in order to ensure workers are provided with reasonably safe worksites.
What Is the Risk of “Flash Fires” in Dallas Oilfield Accidents?
Flash fires combust when flammable gas intermixes with the oxygen in the air. Once gas diffuses in a given area, all it takes is an ignition source: heat, friction, static, even a cigarette butt. Flash fires burn within seconds, capable of traveling before workers have a chance to get to cover. The risk of flash fires makes PPE critical for oil and gas workers.
What Is the Most Painful Burn Injury?
Strangely, intense pain is a favorable sign when it comes to burn injuries. First- and second-degree burns hurt more than third-degree burns because the damage hasn’t destroyed any nerve endings. Third-degree burns are more serious, in part, because they hurt less—at least directly. The tissue surrounding a third-degree burn is likely to be in severe pain.
What Is the Leading Cause of Death for Fatal Burn Injuries?
A 20-year study of pediatric burn injuries published in Critical Care found that the most common cause of fatality following a burn event was sepsis. The majority of these deaths were caused by drug-resistant bacteria. The study illustrated an often-misunderstood aspect of burn injuries: that they leave survivors in a medically vulnerable state for a long period, which inflates the cost of treatment.
How Many People Are Hospitalized Per Year for Burn Injuries?
The American Burn Association estimates that 29,165 people are admitted for burn injuries nationwide. Government data suggests that 86% of these burn injuries—the vast majority—are thermal burns. These have the broadest number of causes, including hot liquids, electrical malfunctions, or flame.
Why Would I Need an Experienced Burn Injury Lawyer in Louisiana?
Burn injuries have serious long-term medical, social, and financial effects. An attorney experienced with handling burn injury cases not only knows what you’re likely dealing with right now, but what you’re going to deal with in the years to come. Our experience with burn injury treatment and types means we’re able to demand a settlement or verdict that actually addresses your needs for the rest of your life.
What Is the Most Life-Threatening Risk for Burn Patients?
Science has answered this question in two ways and yielded two answers: sepsis and inhalation injury. The difference in answers likely has to do with the method of study. Studies of fatalities caused by fires would reveal that the majority of on-site casualties died from inhaling smoke. However, studies of burn patients who were admitted to a hospital show that bacterial infection was the most common threat to their lives.
Is an Accident My Fault If I’m Hurt in a Blind Spot Trucking Accident?
Trucking blind spots are dangerous, and obviously drivers ought to avoid being there for too long. However, it’s more important that truckers train themselves to check their blind spots before making a lane change—particularly if they’re approaching the rightmost or leftmost lane. The insurer may try to convince you that you’re at fault, but remember—it’s their job to do that. Your job is calling a truck accident lawyer to speak up for you against the insurer and the trucking company.
What Happens If I Can’t Afford Medical Treatment After a Commercial Vehicle Accident in Louisiana?
You’re not alone. Most people can’t afford the enormous medical bills that come with a serious truck accident injury. This is another important reason to reach out to a Louisiana personal injury lawyer who handles trucking cases: law firms sometimes cover medical costs against any future verdicts or settlements. This is another way that plaintiffs’ lawyers shoulder all the risk for their clients—clients can focus on getting better, while your lawyer focuses on fighting for your future care.
Do I Need to Hire a Louisiana Work Injury Attorney?
The first thing any company does after a workplace accident is call the insurance company to protect themselves from liability. Insurance companies will do everything within the law to ensure they pay as little as possible; in other words, that you get as little as possible. It’s critical to hire a Baton Rouge work accident lawyer to counteract this, ensuring that you’re able to recover all that you’re entitled to after a work injury.
Can I Sue My Employer for a Work Injury in Louisiana?
Louisiana law allows work injury victims to file a lawsuit against an employer when there’s credible evidence that the employer caused you to incur losses from injuries caused by their negligence or failure to meet the duty of care. There’s actually three proofs you’ll need to make that case: 1) you’re injured, 2) those injuries led to losses, and 3) the cause of those injuries was your employer’s negligence. Only when these three elements are present can you file a lawsuit against your employer; Louisiana work injury claims can be brought against manufacturers, contractors, or other parties using the same argument.
How Long Do I Have to Sue for Work-Related Injuries in Louisiana?
For workers’ compensation cases, the statute of limitations in Louisiana is one year from the accident. For third-party work injury lawsuits, the statute of limitations is two years from the date of the accident if the accident occurred on or after July 1, 2024. If the accident occurred before this date, the statute of limitations is one year. In legal terms, that’s hardly any time at all. If you’re facing life-changing injuries, you need to begin the filing process as soon as possible, or you may end up waiving your right to recovery forever. It’s rare for the court to find exception to the statute of limitation, so call us immediately if you suspect you have a work accident claim in Louisiana.
Is Filing a Work Injury Claim the Same as Filing for Workers’ Comp?
In short, no. Workers’ compensation benefits are provided by workers' comp insurance companies if your employer has purchased a policy. Workers' comp provides some crucial benefits—e.g., partial compensation for lost wages and initial medical care—but it has real limits. For instance, if you’re rendered unable to earn a living by your work accident, then when your workers’ comp benefits run out, you’ll need to apply for long-term disability benefits.
None of these options fully recover the value of your lost wages; a Louisiana work injury law firm can do that only through a direct lawsuit against your employer (or entity contracting your employer). Workers’ compensation cases don’t require proving liability and may provide benefits sooner, but those benefits will be smaller than what you might receive in a lawsuit. Discuss your legal options with us today at (888) 493-1629 to learn more.
What Do I Look For in a Baton Rouge Work Accident Lawyer?
The first thing you should ask is what big workplace cases they’ve handled before. If you’re putting your trust in an attorney’s hands, you need to know that they’ve come through for people like you before. After that, ask them how often they take cases to trial. Trial litigators are increasingly rare these days, which makes it all the more crucial that you have one in your corner. Do they prepare cases for trial? Do they have major verdicts in their case history?
For Arnold & Itkin, the answer to those questions is easy. We’ve won numerous record-setting verdicts and settlements for plaintiffs, including the largest single-injury verdict in Louisiana history. Our record in plant and refinery accidents, trucking accidents, and construction injuries is unparalleled because we’re always ready to go to trial.
What Damages Can I Claim After a Truck Accident in Midland, TX?
Because trucking accidents are often grievous and life-changing, you’ll be able to claim more damages than in a typical injury claim. Obviously, you’ll be able to claim hospitalization costs, medical bills, and future medical costs related to your injuries. You’ll be able to claim lost wages resulting from your injuries, as well as diminished wages if you’re unable to return to the same job. You may also claim noneconomic damages, which come from the losses arising from harm that’s difficult to quantify: loss of enjoyment from hobbies you can’t do anymore, emotional pain and suffering, loss of consortium from the harm done to an intimate relationship, and other damages. In especially egregious cases, you may be granted punitive damages; however, that’s only in cases where the defendant behaved with criminal negligence, which is a higher bar of proof.
How Long Do I Have to File a Claim for a Midland Semi Truck Accident?
Under Texas law, you have two years from the date of the accident to file a claim. It’s known as the “statute of limitations,” and there are very few exceptions to this rule; those that exist often involve occupational disease. In other words, your legal window started closing the same day you were hurt. Two years is not much time, in terms of litigation, so you should speak with a Midland trucking injury attorney as soon as possible.
How Are 18-Wheeler Accidents in Midland Different from Car Accidents?
Car accidents typically involve two vehicles of roughly the same size and weight, which helps limit the harm done to occupants in all vehicles. Such cases typically involve only the two drivers and their insurers, although if there were injured occupants, they’d also be involved. However, 18-wheeler accidents are far more complex in every way: fully-loaded tractor trailers weigh up to 20x more than an average sedan, plaintiffs typically face multiple defendants, and the injuries created by these accidents are often permanently life-changing.
Can I Still Get Recovery If I Was Working as a Contractor?
Most oilfield well services are performed by outside companies hired by the major oil and gas corporations. Data shows that well servicing workers are more likely to suffer injury, as they typically don’t receive the same safety briefing as direct employees and are less familiar with each worksite’s specific quirks or dysfunctions. In terms of workers’ compensation insurance, any injury claims would be filed under your employer’s policy, so if you were working for a contracting company, the company your employer contracted with wouldn’t be involved.
However, if you were seriously injured as a result of the site owner’s negligence, you could bring a suit against all responsible parties—including whatever large petroleum company hired your employer.
What's the Statute of Limitations for an Alabama Personal Injury Case?
In Alabama, the standard time limit to file a personal injury lawsuit is two years from the date of the injury. This time limit is referred to as a statute of limitations, and if you wait too long to file, you could lose your right to seek compensation. There are some exceptions, however, such as injuries involving minors. If a child is injured, the 2-year statute of limitations would not start until they turned 18 years old. If you have questions about what time limits may apply to your Alabama personal injury lawsuit, we welcome you to call our team for honest insight and guidance.
What Is My Case Worth?
Every personal injury case is different, and their values may vary drastically depending on the extent of injury a person has experienced, as well as the impact that their injury will have on various aspects of their life. The worth of your case may depend on the extent of medical bills and ongoing treatment that you face, whether you are able to return to work, the emotional trauma you experienced, and many other factors. When you work with Arnold & Itkin, we will take the time to identify and pursue the full value of your case—it’s a crucial part of helping you rebuild.
What Is the Cost of Hiring an Alabama Injury Attorney?
There are no upfront costs associated with hiring an Alabama personal injury lawyer at Arnold & Itkin. We forward all the costs of handling our clients’ cases, and our fees are only recovered out of a successful settlement or verdict. If we take on your case, we will clearly explain the process so there are no uncertainties or surprises.
What Type of Compensation Can I Get?
In Alabama, a personal injury settlement or award may include compensation for economic losses (such as medical expenses, property damage, lost earnings, and loss of future wages), non-economic damages (such as emotional trauma and pain and suffering), and punitive damages (meant to penalize the defendant for gross negligence or wrongdoing).
What Kind of Cases Does Your Firm Handle?
At Arnold & Itkin, we help people who have been seriously injured or have lost loved ones in industrial accidents, incidents on offshore oil platforms, maritime accidents, 18-wheeler collisions, and all types of catastrophic events caused by others’ negligence or wrongdoing. We also help after drowning accidents and in cases where consumers are harmed by defective products, including dangerous drugs. When safety is not put first and innocent people suffer the consequences, we stand up and fight. We fight so they can recover the compensation they need to face a better future.
Who Can Be Held Accountable for a Wrongful Death in Austin?
Any individual or company that caused someone’s death can be held responsible in civil court by way of a wrongful death lawsuit. This may apply to acts of negligence or carelessness as well as intentional wrongdoing. A drunk driver who causes a fatal traffic accident, a chemical plant operator that fails to properly maintain equipment and causes an explosion, or the manufacturer of a defective product that causes a deadly accident are all examples of who could be held liable (legally responsible) for a wrongful death. Because every situation is different, it is important to talk to an Austin wrongful death lawyer about your case, your concerns, and your needs. You can get insight into your legal options when you call Arnold & Itkin for a free, private consultation.
What Types of Vehicles Are Classified as Large Trucks?
Large trucks refer to any commercial vehicle with a gross vehicle weight rating (GVWR) of over 10,000 pounds. This category includes 18-wheelers, semi-trucks, tractor-trailers, and other heavy-duty vehicles used mainly for transporting goods. Understanding these classifications can be crucial in legal cases involving truck accidents, as regulations and standards may vary based on the truck’s size and type.
Why Are Corpus Christi Truck Accidents So Dangerous?
Truck accidents are particularly dangerous due to the sheer size and weight of these vehicles compared to standard passenger cars. In a collision, this size disparity can lead to severe damage and catastrophic injuries. Additionally, trucks often carry hazardous materials or heavy loads that can pose additional risks in an accident, such as spills or increased impact force, making Corpus Christi truck accidents more likely to result in fatalities or serious injuries.
What Are the Different Types of Commercial Trucks?
The commercial trucks that you see in the Corpus Christi area come in various forms, each designed for specific tasks. Common types include the standard 18-wheeler or semi-truck, used mainly for transporting various goods over long distances. There are also tankers for liquids and gases, flatbeds for oversized loads or equipment, and refrigerated trucks for perishable goods. Each type has unique handling characteristics and safety considerations, which are important factors in the dynamics of truck accident cases.
What Should I Do Immediately After a Corpus Christi Truck Accident?
After a truck accident, your safety is the priority. First, ensure that you and any passengers are safe and call 911 for medical and police assistance. If you are able, document the accident scene with photos and gather contact information from witnesses and all parties involved. It's also important to avoid discussing fault at the scene. Contacting a Corpus Christi truck accident attorney as soon as possible can help you navigate the legal steps and protect your rights throughout the claims process.
How Is Liability Determined in a Trucking Accident?
Determining liability in truck accidents can be complex due to the multiple parties involved, such as the truck driver, trucking company, and possibly other contractors. Liability often depends on factors like the driver’s behavior, truck maintenance records, and whether any traffic laws were violated. An experienced Corpus Christi trucking accident attorney can investigate these aspects, often with the help of accident reconstruction experts, to establish fault and help victims seek appropriate compensation.
Can I Still Receive Compensation If I Was Partially at Fault?
Yes, Mississippi follows a pure comparative negligence rule. This means that even if you are found to be partially at fault for the accident, you can still recover damages. However, your compensation may be reduced by the percentage of fault attributed to you. For example, if you are found to be 30% at fault and the total damages amount to $100,000, you would receive $70,000. It’s important to have a skilled attorney who can work to minimize the degree of fault attributed to you to maximize your compensation.
The Insurance Company Offered Me a Settlement. What Should I Do?
If you're offered a settlement by an insurance company after an injury, it's important to consult with a Mississippi personal injury attorney before accepting. Initial offers may not fully cover all your current and future medical expenses, lost wages, and other damages. An attorney can evaluate the offer, negotiate with the insurance company on your behalf, and help you pursue a fair settlement that reflects the true extent of your injuries and losses. Remember, once you accept a settlement, you typically waive the right to pursue further compensation, so it’s critical to get it right the first time.
How Is Fault Determined in a Mississippi Personal Injury Lawsuit?
Determining fault in a Mississippi personal injury case typically involves establishing that the other party was negligent and that their negligence caused your injury. This process includes collecting evidence such as accident reports, witness statements, and expert testimonies. In some cases, more than one party could be held accountable. By thoroughly investigating the circumstances leading up to your accident, your attorney can identify all at-fault parties and pursue the compensation you need to build a more stable future.
If I Am Partially to Blame for My Injuries, Do I Still Have a Case?
If you were seriously injured, you may still have grounds for a claim or lawsuit—even if you believe you were to blame. There are some situations, such as workplace accidents, where you are entitled to benefits even if you were at fault. The only exceptions may be if you were under the influence of alcohol or intentionally caused yourself harm. There are other situations where you are entitled to compensation if another party was more than 50% to blame. In Texas, the rule of proportionate responsibility applies to personal injury lawsuits. If you experienced catastrophic injuries and were partially at fault, your compensation would be reduced by that percentage. For example, if your award would have been $100,000 and you were found to be 10% to blame for the accident that caused your injuries, you would receive 90% or that award, or $90,000. Our McAllen personal injury attorneys can talk to you more about proportionate responsibility and how it may affect your catastrophic injury case.
When Should I Involve an Attorney After Experiencing a Catastrophic Injury?
When seriously injured, talking to an attorney may be the last thing on your mind. But you should know that your employer, the at-fault party, and/or the insurance company are already working to investigate your case and determine how they can avoid paying out a high settlement. They have teams of lawyers and investigators who will try to limit their liability, or legal responsibility, for what you’ve experienced.
It’s never too early to talk to an attorney about your rights and options. You deserve to have someone in your corner who can protect you, and that’s what our team at Arnold & Itkin does for the injured. We fight every single day to make sure people like you are given the support and care they need to move on with their lives.
What Type of Damages Can I Get in a Wrongful Death Lawsuit?
Depending on the case, a wrongful death lawsuit may allow you to recover financial compensation for all of your losses and trauma after losing a loved one. This might include medical expenses as well as burial and funeral costs, plus compensation for emotional trauma such as loss of companionship and support. You may be able to recover damages for what your loved one would have earned during his or her lifetime. Because there is no way to go back and prevent a loss in the first place, the goal of a wrongful death lawsuit is to help a family rebuild toward a more stable future.
Do You Help People Who've Lost Loved Ones in Fatal Work Accidents?
Yes. At Arnold & Itkin, our McAllen wrongful death lawyers have extensive experience helping people who have lost family members in work-related accidents. We have faced off against some of the biggest corporations and workers' comp insurance providers after industrial accidents, plant explosions, truck driver fatalities, and other on-the-job deaths. There is no excuse for unsafe workplaces. Our trial lawyers fight to expose the wrongdoing and carelessness that causes innocent workers' deaths.
I Don't Have Money to Hire an Attorney. What Can I Do If I Lost Someone I Love?
You don't have to pay upfront costs and only pay legal fees if we win your case. At Arnold & Itkin, our team handles McAllen wrongful death cases on a contingent fee basis. This means that we only get paid if and when we recover a settlement or award for a family that has lost a loved one. Because we also offer free consultations, there's absolutely no risk and no obligation when you contact our firm.
What Are the Types of Burn Injuries?
The severity of your burn injury will place it into four categories. The most minor are first-degree burns. While they are painful, they do not require professional medical care. The other categories, beginning with second-degree burns, should be evaluated by a doctor. Second-degree burns extend beyond the first layer of skin. You may not need medical treatment, but infections—which would require professional care—are common.
Third- and fourth-degree burns are the most severe. They can be extremely painful, life-threatening, and require ongoing treatment. Multiple layers of skin are often damaged. In the most serious cases, muscle and tissue may also be affected. Even with the best medical care around, these burns have life-long repercussions. Even once the burns have healed, a person may have to deal with decreased mobility, scarring, and disfigurement.
How Can a McAllen Maritime Law Firm Help?
At Arnold & Itkin LLP, we focus on making sure workers don’t have to suffer financially after accidents they didn’t cause. We’ve helped workers find a path forward after oil rig explosions, boat collisions, and accidents caused by unseaworthy vessels. We help recover damages such as medical bills, lost wages, the cost of future care, pain and suffering, and more. Notably, the companies involved in the maritime industry are some of the largest in the world. We never back down a fight and level the playing field for our clients. When the other side sees we’re involved with a case, they know they won’t be able to get away with treating our clients poorly.
What Should I Do After a Hidalgo County Traffic Accident?
After an accident, you must be careful with what you say to the other driver's insurance company. Do not admit any fault or discuss any details other than the facts of the accident. Speak with a car accident attorney before speaking to any parties regarding recovery and liability; if you retain an attorney, they can speak on your behalf with all parties. This will prevent you from accepting a low settlement offer or mistakenly saying something that harms your claim. An attorney can also help you with more complicated claims such as lost wages, medical expenses, and mental trauma experienced after the car accident while you focus on recovering.
Can I Be Fired for Talking to an Attorney?
First of all, your conversation with our firm will remain 100% confidential. Secondly, if your employer is even implying that you shouldn’t seek legal counsel, it’s a good sign that you should. Serious workplace, industrial, and offshore accidents often compel companies to protect themselves in whatever way they can, which includes intimidating you out of pursuing your rights. If you are fired for speaking with an attorney, you may be entitled to further damages. In other words, you have nothing to fear and everything to gain from speaking with a Mission personal injury attorney about your injuries.
Do I Have to See the Company Doctor After a Maritime Injury?
Maritime law gives you the right to seek medical care from whatever doctor you want. Your company may pressure you to use their doctor, but we urge you to get a second opinion on your injuries from an independent source. Company doctors often make their living from referrals from the company, which means a doctor may be incentivized to say you’re fit for returning to work when you’re really not. Additionally, a company doctor may only perform treatments paid for by the company. As a result, your care ceases to be about your needs, but what the company thinks is necessary for you. Your best advocate for your health is you, not your employer.
What Are Catastrophic Injuries?
Injuries are defined as catastrophic when they inflict life-changing hardships. This means that some incidents may be catastrophic and while others may not be, even if they involve the same type of injury. For example, a person with a head injury may make a full recovery or experience a lifetime of cognitive issues, depending on the circumstances of their injury. Severe burns, amputation, traumatic brain injury, spinal cord injury, and paralysis are examples of catastrophic injury cases our Shreveport personal injury attorneys can help with.
How Long Do I Have to File a Shreveport Personal Injury Case?
Louisiana law allows for personal injury claims to be made within two years of the date of the incident that caused the injury if the incident occurred on or after July 1, 2024. If the incident occurred before this date, the statute of limitations is one year from the date of injury. These same deadlines apply to wrongful death lawsuits, although there are some exceptions depending on the age of the survivor or victim. A Shreveport injury attorney can review your case to determine what time limit applies.
What Compensation Can I Seek in a Shreveport Injury Claim?
A plaintiff (injured party) may be able to seek financial compensation for medical bills and the cost of future care, the loss of wages and a reduced capacity to earn money, emotional distress, physical pain and suffering, and more. It is important to note that Louisiana has limits that govern how much an individual may seek in damages in certain instances. Obtaining the help of an experienced catastrophic injury attorney will help you ensure that you are pursuing as much as you need to live the rest of your life in peace.
Who May Be Responsible for My Injury?
If someone’s negligence led to your injury, they should be made to answer for the harm they have caused. Drunk drivers, creators of defective products, construction site supervisors, or companies that put profits before safety can all be the cause of serious injuries. Every case is different, which is why it is important to have an experienced Shreveport personal injury lawyer behind you. Arnold & Itkin can investigate your accident to determine who is at fault. From there, we can fight to secure the compensation you need to cover your medical costs, lost wages, and more.
Should I Accept a Settlement?
Often, liable parties or their insurers quickly offer a settlement to accident victims, hoping they’ll accept during their moment of desperation. While a settlement offer might seem like they are trying to treat you right, you should speak with an attorney before accepting it. These settlements are often low and are meant to absolve a party of further liability. Our team of Shreveport accident lawyers is ready to examine your offer and help you decide if it’s fair. Often, we find that survivors and their families are entitled to much more than initial settlements offer.
What Is a Wrongful Death Claim?
Wrongful death claims are civil actions filed against individuals or entities when their behavior or products cause someone's death. Unlike a manslaughter case, wrongful death actions are filed directly by the family of the deceased to claim all damages and losses caused by the death of their loved one. Because companies cannot be held responsible in criminal court, wrongful death actions are often the only punitive actions a negligent company will face (unless they are fined by a government agency).
How Is Compensation Determined for Catastrophic Injuries?
Compensation for catastrophic injuries is determined based on various factors, including the severity of the injury, the impact on the victim’s ability to work, medical expenses (both current and future), rehabilitation costs, pain and suffering, and loss of enjoyment of life. In Louisiana, compensation can be sought through a personal injury lawsuit against the party responsible for the injury. A skilled serious injury lawyer in Baton Rouge can help ensure that all relevant factors are considered to maximize the compensation awarded.
How Long Do I Have to File a Catastrophic Injury Lawsuit in Louisiana?
In Louisiana, the statute of limitations for filing a personal injury lawsuit, including those involving catastrophic injuries, is generally two years from the date of the injury if the injury occurred on or after July 1, 2024 and one year from the date of the injury if it occurred before July 1, 2024. This means you have one to two years to initiate legal proceedings against the party responsible for your injury. Failing to file within this timeframe can result in losing your right to seek compensation, so it’s important to consult with an attorney as soon as possible to ensure your claim is filed on time.
What Medical Evidence Is Needed to Support a Serious Injury Lawsuit?
Supporting a catastrophic injury claim requires comprehensive medical evidence, including medical records, diagnostic test results, and detailed reports from treating physicians and specialists. Documentation of the injury’s impact on your daily life and ability to work is also crucial. Expert medical testimony may be necessary to explain the extent of the injury and its long-term consequences. An experienced Louisiana catastrophic injury attorney can help gather and present this evidence effectively.
Can Family Members Receive Compensation for a Loved One's Catastrophic Injury?
Although this will vary from case to case, family members may be able to receive compensation for a loved one’s catastrophic injury in certain circumstances. This can include compensation for loss of consortium, which refers to the loss of companionship, affection, and support due to the injury. Additionally, if the injured person is unable to care for themselves, family members may seek compensation for the costs of providing long-term care and support. Consulting with an attorney can help determine the appropriate types of compensation available to family members.
What Should I Do After Experiencing a Catastrophic Injury?
After sustaining a serious injury, the immediate priority is to seek medical attention. Once your condition is stabilized, it’s important to document the incident and your injuries as thoroughly as possible. This includes keeping detailed records of all medical treatments, obtaining copies of medical reports, and documenting any impacts on your daily life and ability to work. Contacting a catastrophic injury lawyer in Louisiana as soon as possible can help ensure that your rights are protected and that you take the necessary steps to pursue compensation.
How Long Do I Have to File a Catastrophic Injury Claim in New Mexico?
In New Mexico, the statute of limitations for filing a personal injury claim, including catastrophic injuries, is generally three years from the date of the injury. However, certain circumstances can alter this timeframe, such as cases involving minors or claims against government entities, which may have shorter filing deadlines. It’s crucial to consult with an experienced serious injury attorney in Albuquerque as soon as possible to ensure that your claim is filed within the applicable time limits and to preserve your right to seek compensation.
What Types of Compensation Can I Receive for a Catastrophic Injury?
Victims of catastrophic injuries in New Mexico may be entitled to several types of compensation. This includes economic damages such as medical expenses, rehabilitation costs, and lost wages. Non-economic damages for pain and suffering, emotional distress, and loss of enjoyment of life may also be awarded. In some cases, punitive damages are possible if the responsible party’s actions were particularly reckless or malicious. The goal is to provide comprehensive financial support to cover both immediate and long-term needs arising from the injury.
What Should I Do Immediately After a Serious Injury?
If you sustain a catastrophic injury, seeking immediate medical attention is the top priority. Documenting the injury and obtaining a thorough medical evaluation are critical steps. If possible, collect evidence from the scene of the incident, such as photographs and contact information of witnesses. Reporting the injury to your employer, if it occurred at work, and filing an incident report can also be important. Finally, consult with a knowledgeable New Mexico catastrophic injury attorney to discuss your case and begin the process of seeking compensation for your injuries.
How Can a New Mexico Catastrophic Injury Lawyer Help?
A skilled trial attorney can provide invaluable assistance in a catastrophic injury case. If you work with our firm, we will conduct a thorough investigation to determine liability, gather essential evidence, and work with medical and financial experts to calculate the full extent of your damages. Your attorney will handle all communications with insurance companies and opposing parties, negotiate settlements, and, if necessary, represent you in court. Our goal is to secure the maximum compensation to support your recovery and future needs, ensuring you have the resources to rebuild your life.
What Should I Do After a Drowning Accident in Houston?
If your loved one drowned in a pool or water park, it’s essential to take immediate steps to protect your rights and those of your family. First, document everything you can about the incident, including the location, the circumstances surrounding the drowning, and any potential witnesses. Contact an experienced drowning attorney as soon as possible to discuss your legal options. At Arnold & Itkin, we can help you understand who may be liable and how to pursue compensation for your loss. We are here to guide you through this difficult time and work to ensure justice is served.
How Long Do I Have to File a Drowning Lawsuit in Texas?
The timeframe to file a drowning lawsuit, known as the statute of limitations, varies depending on the state where the incident occurred. In Texas, for example, you generally have two years from the date of the drowning to file a lawsuit. However, specific circumstances can affect this timeline, such as the involvement of a government entity or the age of the victim. It's crucial to consult with a knowledgeable drowning attorney in Houston as soon as possible to ensure you meet all legal deadlines. Arnold & Itkin can help you navigate the legal process and protect your right to seek compensation.
What Compensation Can I Recover in a Drowning Lawsuit?
In a Houston drowning lawsuit, the types of compensation you may recover include medical expenses, funeral and burial costs, loss of income, loss of companionship, and pain and suffering. If the drowning occurred due to gross negligence or intentional wrongdoing, you may also be entitled to punitive damages. Each case is unique, and the exact compensation will depend on the specifics of the incident and the impact on your family. Our attorneys at Arnold & Itkin are dedicated to fighting for the maximum compensation you deserve to help you move forward after such a devastating loss.
What Are the Common Causes of Drowning Accidents in Houston?
Drowning accidents often result from preventable factors such as inadequate supervision, untrained lifeguards, defective pool equipment, or unsafe conditions like overcrowded areas and lack of barriers or fencing. Poor water clarity and broken or missing emergency equipment can also contribute to these tragic incidents. Our Houston drowning law firm has extensive experience handling cases of this kind. If we take your case, we will work tirelessly to identify the cause of the accident and pursue justice for your loved one.
How Much Does a Personal Injury Lawyer in Albuquerque Cost?
Hiring a personal injury lawyer at Arnold & Itkin comes with zero upfront costs. Because we work on a contingency fee basis, our fees depend on us winning your case. We cover the expenses associated with your claim and only recoup those costs if we secure compensation for you. Additionally, our fees are paid via a percentage of your recovery, meaning you do not owe out-of-pocket expenses when you work with our firm.
What Happens If I Lost a Loved One Due to Someone Else’s Negligence?
When someone tragically passes away due to the negligent or wrongful conduct of another, their surviving spouse, children, and other family members are entitled to legal action. By filing a wrongful death case against the liable party, you can seek justice on behalf of your loved one. Wrongful death claims often arise in the wake of fatal motor vehicle accidents, incidents involving defective products, workplace accidents, and other deadly events.
Can I File a Personal Injury Claim If I Was Partly at Fault?
In many cases, the defendant will allege that you were also negligent, and you should only be allowed to recover partial damages because of this. This is known as “comparative negligence.” New Mexico follows a “pure comparative negligence” rule, which allows you to recover damages after an injury causing event where another person or party was at least partially responsible. Even if you were mostly at fault, you could still be entitled to compensation.
How Long Do I Have to File a Personal Injury Lawsuit in Las Cruces, NM?
In New Mexico, you usually have three years to file a personal injury or wrongful death lawsuit. In most cases, the clock begins ticking on the date of injury or death, but there are some exceptions. For example, if you did not discover your injury right away, the deadline may be extended from the date on which you discovered your injury or reasonably could have discovered your injury. Additionally, the statute of limitations differs for those who were injured as minors.
Is There a Limit on Personal Injury Damages in New Mexico?
In general, personal injury damages are not “capped,” or limited, in New Mexico, meaning the plaintiff can receive any amount deemed appropriate by the court for both economic and non-economic damages. However, there are some exceptions. With medical malpractice claims, there is a “soft cap” of $600,000 for economic and non-economic damages, except medical and rehabilitative costs. Claims against government agencies are also subject to certain caps.
Why Should I Hire a Personal Injury Lawyer in Las Cruces, New Mexico?
The state’s personal injury laws are complex, and filing a claim can be very difficult, especially when you’re already dealing with the effects of your injury on your everyday life. By working with our Las Cruces personal injury attorneys, you put yourself in the best possible position to obtain the full financial recovery you need to move forward. Our team will work for you, handling the details of your case so that you can focus on what matters most: healing.
How Much Is My Personal Injury Claim Worth?
The potential value of your claim depends on many factors, including the severity of your injury, the duration and cost of your medical care, whether you are permanently impaired, whether you can return to work, how much time you must take off work to receive treatment, the extent of your pain and suffering, the degree of your emotional distress, and more. The best way to determine how much your claim may be worth is to consult with an experienced personal injury attorney. At Arnold & Itkin, we can evaluate your case and provide information specific to your circumstances during a free initial consultation.
Should I Hire a Personal Injury Lawyer?
While you are not required by law to hire a personal injury lawyer, it’s a very good idea to do so, especially if your injuries are particularly severe or if your case is highly complex. New Mexico’s personal injury laws are complicated, and an attorney can help you navigate the system to avoid potential mistakes that could end up costing you. An attorney at Arnold & Itkin can handle every aspect of your claim, allowing you to focus on your physical and emotional recovery. We know how to aggressively pursue maximum compensation for the injured, and we are prepared to do everything possible to hold the liable party accountable.
How Much Does a Personal Injury Lawyer Cost?
At Arnold & Itkin, we provide our legal services on a contingency fee basis. This means that it does not cost you anything upfront to hire a personal injury lawyer at our firm. Instead, we cover the costs associated with preparing and pursuing your case. Our fees are contingent upon us winning a settlement or verdict on your behalf—in the unlikely event that we do not obtain compensation for you, you do not owe us any legal fees. Contact our firm today to learn more about our fees and how a Rio Rancho personal injury lawyer from Arnold & Itkin can help you with your case.
How Much Are Most Personal Injury Settlements?
Because each case is unique, there is no true “average” settlement. Instead, the value of your claim depends on various factors, such as the severity of your injury and the cost of your medical care, along with the overall economic and non-economic impacts of your injury on your life. Your case could be worth several thousand dollars, or it could be worth millions. We recommend that you set up a free consultation with a member of our legal team to discuss your options and the potential value of your claim.
What Kinds of Injury Damages Can I Recover?
Just as the value of your claim depends on the specific factors of your case, the types of damages you may be entitled to are also determined by how the injury has affected your life. In most cases, people receive compensation for things like medical bills, future medical care costs, funeral or burial expenses, lost income, lost wages, pain and suffering, and emotional distress. You could also be entitled to punitive damages, which are awarded to punish defendants who have exhibited gross negligence or egregious wrongdoing.
Does It Cost a Lot to Hire a Personal Injury Lawyer?
Personal injury lawyers, including ours at Arnold & Itkin, provide legal services on a contingency fee basis. This means that you don’t pay anything upfront when you hire our firm. Instead, our fees depend on the successful resolution of your case. Only after we have recovered a settlement or verdict for you do we collect any legal fees, which are then paid via a percentage of your total recovery. In other words, there are no out-of-pocket costs for you when you work with our firm.
What Are the Most Common Catastrophic Injuries?
Catastrophic injuries typically include severe burns, traumatic brain injuries, spinal cord damage, amputations, and significant internal organ harm. These injuries often lead to long-term or permanent disability and require comprehensive medical treatment and rehabilitation. Other common injuries affecting individuals' lives are vision or hearing loss, paralysis, and post-traumatic stress disorder. Each category of injury presents unique challenges, affecting one's quality of life, employability, and overall independence. Understanding these complexities allows us to tailor our approach to each client's needs, ensuring they receive full and fair compensation. At Arnold & Itkin, we aim to help our clients regain their lives after such devastating events.
Why Is Timely Filing Important in Catastrophic Injury Claims?
Timely filing of a catastrophic injury claim is crucial due to the statute of limitations laws in Texas, which generally allow two years from the date of injury to file a claim. Delaying could risk the forfeiture of your right to compensation. Besides legal requirements, gathering evidence and testimony closer to the time of an injury tends to yield more accurate and reliable information, enhancing your claim's credibility. Immediate action also ensures you're able to fund necessary medical treatments without financial hesitation. At Arnold & Itkin, we prioritize swift action to preserve our clients' rights and optimize their settlement options, providing peace of mind as they focus on healing.
What Types of Compensation Can I Seek After an Oilfield Accident?
Injured oilfield workers in Louisiana may pursue compensation for medical expenses, lost wages, loss of earning capacity, pain and suffering, emotional distress, and rehabilitation costs. In the case of a fatality, wrongful death benefits for surviving family members. In some cases, punitive damages may also be awarded to punish particularly negligent behavior and deter future misconduct.
What Should I Do Immediately After Being Injured in an Oilfield Accident?
First, seek immediate medical attention, even if injuries seem minor. Report the accident to your supervisor and ensure an official report is filed. Document everything you can—take photos of the scene and your injuries, collect witness information, and keep records of all medical treatments. Contact an experienced Louisiana oilfield accident attorney as soon as possible to protect your rights.
What If the Company Denies Responsibility for a Land Rig Accident?
It's not uncommon for employers or their insurance companies to deny liability. A land rig accident attorney in Louisiana can help by conducting a thorough investigation, gathering evidence, and building a strong case to prove negligence. They can also handle all communications with the employer and insurers to protect your interests.
Are There Specific Laws to Protect Oilfield Workers in Louisiana?
Yes, oilfield workers are protected under various federal and state laws, including regulations enforced by the Occupational Safety and Health Administration (OSHA). These laws require employers to maintain safe working conditions, provide proper training, and adhere to safety standards. Violations can be significant in establishing employer negligence in an accident.
Why Should I Choose Arnold & Itkin as My Louisiana Oilfield Accident Law Firm?
Arnold & Itkin has a proven track record of standing up for oilfield workers in Baton Rouge and throughout Louisiana. Our team has won billions for clients, including significant victories against major oil and gas companies. We are committed to holding negligent parties accountable and ensuring our clients receive the compensation they need to rebuild their lives. With our experience and dedication, we can provide the strong advocacy you deserve.
What Can I Recover as a Contractor?
Under Texas law, some (but not all) contractors get workers' comp benefits from their employers if they're injured on the job. But workers' comp is not enough to cover medical costs or lost wages, nor is it meant to. On top of that, it may not be your employer who was at fault. To fully recover as a contractor with a workplace injury, you'll need to file a third-party claim—i.e. a lawsuit—against all the companies at fault for your accident. Filling a lawsuit with a Texas work injury lawyer is the only way to get what you need.
Filing a thorough third-party claim requires investigatory skills and resources. Our Texas workplace injury lawyers have proven over and over again that we're willing to put whatever it takes into our case preparation to ensure our clients have the best shot at a full and lifelong recovery. Speak with our firm to learn your legal options and what we can do for you.
What Are the Symptoms of a Traumatic Brain Injury?
Traumatic brain injury (TBI) symptoms can vary significantly depending on the severity and type of injury. Common physical symptoms include headaches, nausea, vomiting, dizziness, and difficulty maintaining balance. Cognitive symptoms often involve confusion, difficulty concentrating, memory loss, and changes in sleep patterns. Emotional and behavioral changes can also arise, such as mood swings, depression, and anxiety. It’s crucial to seek medical attention immediately if a TBI is suspected to ensure accurate diagnosis and prompt treatment, which can mitigate long-term effects.
How Long Do I Have to File a Brain Injury Claim in Louisiana?
In Louisiana, the statute of limitations for filing a personal injury claim, including brain injury claims, is one year from the date of the injury. This short window necessitates swift action to initiate legal proceedings. Failing to file within this time frame generally results in the forfeiture of the right to seek compensation. It’s advisable to consult with a legal professional promptly to understand the nuances of your case and preserve your legal rights.
What Compensation Is Available for Brain Injury Victims?
Victims of brain injuries may be eligible for various types of compensation aimed at covering both economic and non-economic damages. Economic damages include medical expenses, rehabilitation costs, lost wages, and future earning capacity. Non-economic damages might cover pain and suffering, mental anguish, and loss of enjoyment of life. In some instances, punitive damages could also be awarded if the conduct leading to the injury was particularly egregious. Consulting with experienced attorneys can help identify all potential avenues for compensation.
How Can a Brain Injury Affect a Victim’s Daily Life?
Brain injuries can drastically alter a victim’s daily life, impacting not just physical capabilities but also cognitive functions and emotional well-being. Tasks that were once routine can become challenging, requiring support and adjustments to lifestyle and work. Cognitive difficulties may involve memory issues, problem-solving challenges, and reduced attention span, all contributing to increased dependency on others. Emotional effects, such as mood swings and personality changes, can strain personal relationships and social engagements. Comprehensive rehabilitation and consistent support are essential to manage these extensive life changes effectively.
How Does Louisiana Law Affect Spinal Injury Claims?
Louisiana’s legal system is unique as it incorporates both civil and common law traditions, which can complicate personal injury claims. The state operates under a pure comparative fault doctrine, meaning injury compensation can be reduced based on the victim's percentage of fault in an accident. Additionally, Louisiana has a relatively short statute of limitations, generally requiring victims to file their claims within one year from the date of injury. Understanding these nuances is crucial, and legal representation from Arnold & Itkin ensures that victims navigate these complexities effectively, providing them the best chance to secure the compensation they deserve.
What Should I Do After a Spinal Injury?
If you experience a spinal injury, seeking immediate medical attention is paramount. Prompt immobilization and transport to a medical facility can prevent further damage. Contacting legal counsel as soon as practicable is also important. At Arnold & Itkin, we can help ensure that all the necessary legal steps are taken to preserve your right to compensation. You should document the accident scene if possible and keep records of all medical evaluations and treatments. Our team can work with you from the outset to gather critical evidence and establish a comprehensive claim strategy.
What Are Common Causes of Spinal Injuries?
In Baton Rouge, the most common causes of spinal injuries include vehicular accidents, falls, sports injuries, and occupational hazards, especially prevalent in the industrial and construction sectors. High-impact incidents or failure to adhere to safety protocols can lead to severe spinal injuries. Our firm is adept at handling complex claims across these scenarios, employing thorough investigation and strategic advocacy to hold responsible parties accountable while achieving favorable outcomes for our clients.
Can Spinal Injury Victims Expect Long-Term Care?
Spinal cord injuries often necessitate long-term care, involving physical therapy, occupational therapy, and ongoing medical treatments. Baton Rouge offers various healthcare providers specializing in spinal injuries that work to enhance patient quality of life. However, the costs can be substantial. Compensation from a successful personal injury claim can significantly alleviate these financial burdens, ensuring access to necessary resources and continual care.
How Do You Support Spinal Injury Victims?
At Arnold & Itkin, we focus on providing individualized legal support tailored to the needs of each spinal injury victim. Our approach includes thorough assessments, strategic planning, and aggressive negotiation or litigation if necessary. Our track record of over $20 billion in verdicts and settlements demonstrates our ability to achieve favorable outcomes. Our comprehensive legal strategies ensure that we address all aspects of a client’s recovery journey, from medical bills to lifestyle adjustments, embodying our unwavering commitment: No Matter What.
What Compensation Can Be Recovered After a Truck Accident?
Compensation following a truck accident aims to cover both economic and non-economic damages suffered by the victim. This includes medical expenses for emergency treatments, ongoing healthcare needs, and rehabilitation. Victims may also recover lost wages for time missed at work due to the accident, along with compensation for any diminished earning capacity if the injuries lead to long-term work limitations. Non-economic damages for pain and suffering, emotional distress, and loss of enjoyment of life can also be substantial components of a claim. Consulting with a Baton Rouge truck accident attorney ensures that all potential avenues for compensation are thoroughly explored and pursued.
Is It Necessary to Go to Court for a Truck Accident Claim?
While many truck accident claims are resolved through settlements, some may need to proceed to court to achieve fair compensation. The decision to go to court depends on various factors, including the willingness of the insurance company or responsible parties to offer a reasonable settlement. Furthermore, complex cases involving multiple victims or severe injuries might require judicial intervention to ensure adequate resolution. A skilled truck accident attorney will aim to negotiate favorable terms but will prepare to represent your interests in the courtroom if necessary, working to secure the compensation you deserve.
What Steps Should I Take After a Barge Accident?
Immediately after a barge accident, prioritize your safety and seek medical attention. If possible, document the scene, collect witness information, and report the incident to the authorities. Then, contact a barge accident lawyer to guide you on the next steps. An experienced barge accident attorney will assist in gathering evidence and ensuring your legal rights are protected. Engaging with legal professionals early also ensures no statute of limitations is overlooked, thus strengthening your claim potential. Early engagement allows for more robust evidence collection and witness corroboration, which are pivotal in building a strong case.
How Is Liability Determined in Barge Accidents?
Liability in barge accidents is determined by investigating negligence or regulatory violations by parties involved, such as barge operators, employers, or equipment manufacturers. Your lawyer will examine the accident's details, potentially using expert testimony to establish fault. Each situation is unique, requiring tailored legal strategies.
What Compensation Is Available for Barge Accident Victims?
Victims of barge accidents may be entitled to compensation for medical expenses, lost wages, pain and suffering, and rehabilitation costs. The amount awarded can vary based on the severity and the victim's long-term prognosis. An experienced attorney can help evaluate potential compensation. Compensation aligns not only with the present medical costs but also considers long-term impacts and any lifestyle changes necessitated by the injuries. It is crucial to address future implications, such as potential income changes and ongoing therapy needs, in the compensation claims.
Why Should I Hire a Barge Accident Lawyer?
Hiring a barge accident attorney in Baton Rouge offers distinct advantages, such as knowledge of local maritime laws, familiarity with area courts, and the ability to quickly gather local resources and evidence. Local attorneys are well-positioned to understand the nuances of cases in this region and provide tailored representation. Moreover, local lawyers maintain relationships with area experts who can provide additional insight into your situation. Their understanding of regional legal precedents also enhances the strategic approach tailored specifically to your claim, ensuring no detail is left unexamined.
What Injuries Can Result from a Barge or Tugboat Accident?
A tugboat or barge accident can cause serious injuries. Some of these can be fatal. In barge collisions, fires, and explosions, for example, crew members may experience catastrophic injuries and even drowning, near-drowning, or hypothermia if they are thrown or jump from the barge. Other injuries may include severe burns, broken bones, loss of limb, spinal cord injuries, brain injuries, and crush injuries. Because these injuries are so severe, getting the right treatment and fair financial support will make all the difference for an injured worker and his or her family.
What Types of Barge & Tugboat Workers Do You Represent?
Our tugboat and barge accident attorneys represent all types of crew members and seamen who work on barges or other maritime vessels. We also help family members of barge and tugboat workers who have lost their lives in explosions, fires, and other accidents. Whether you’re a dredging operation worker, deckhand, captain, crane barge worker, pilot, or other crew member, you can count on our knowledge of maritime law as it applies to your accident. At Arnold & Itkin, we’ve recovered billions for our clients and have represented crew and family members affected by the worst maritime disasters in history. We are here to help you.
What Should I Do If I Was Injured in a Tugboat or Barge Accident?
If you were involved in any type of accident while working on a barge or tugboat, get the medical care you need. You have the right to seek treatment from the doctor of your choosing, so pick the right medical facility and professional. Be sure to inform your employer of what occurred, but do not sign anything that excuses your employer from legal accountability or limits your financial recovery. Talk to an attorney about your rights in filing a Jones Act or other claim that applies to your situation, as this will help cover your medical bills, the cost of ongoing treatment, your lost earnings, loss of future income, and possibly more.
How Do Dallas Truck Accident Lawyers Determine Liability?
Determining liability in a truck accident requires a thorough investigation that typically involves examining evidence such as driving logs, maintenance records, and the accident scene itself. Dallas truck accident lawyers collaborate with experts in accident reconstruction and other relevant fields to analyze this data and identify all parties that may be responsible. Liability can extend beyond the truck driver to include the trucking company, vehicle and parts manufacturers, and others, depending on the circumstances of the accident. An experienced lawyer can navigate the complexities involved and build a robust case to seek fair compensation.
What Are the Common Causes of Big Rig Accidents?
Big rig accidents in Dallas are often caused by a combination of factors, including driver fatigue, speeding, and improper vehicle maintenance. Other prevalent causes include distracted driving, aggressive driving behaviors, and violations of traffic laws. In some instances, accidents result from systemic issues within trucking companies, such as unrealistic delivery schedules that pressure drivers to cut corners.
What Compensation Can I Expect from a Truck Accident Claim?
Compensation from a truck accident claim in Dallas typically covers medical expenses, lost wages, pain and suffering, and other related costs. The exact amount of compensation depends on various factors, including the severity of injuries, the impact on one's quality of life, and the degree of negligence involved. An experienced truck accident lawyer can help evaluate your claim's worth by reviewing the details of the case and negotiating with insurance companies to ensure you receive the compensation you deserve.
What Should I Do After a Crane Accident?
If you're involved in a crane accident, prioritize safety first. Call 911 for emergency medical assistance. Once you are safe and stable, report the accident to your employer and ensure it is documented. If possible, take photos of the accident scene and secure accounts from any witnesses. Seeking legal advice promptly can help navigate any complexities in your claim. It is also important to maintain a record of the events as you recall them, noting specific times and details which can assist in the investigation. Preserving this information can be crucial for building a robust legal claim and ensuring any responsible parties are held accountable.
Who Can Be Held Liable in a Crane Collapse?
In a crane collapse, liability can extend beyond the crane operator. Potential liable parties include the construction company, crane manufacturer, maintenance provider, and sometimes even third-party contractors. Identifying the responsible party can be complex without professional legal assistance. The construction site's safety officer might also bear responsibility if inadequate safety measures contributed to the accident. Proper investigation is paramount to uncovering all liable parties, thereby maximizing the opportunities for full recovery of damages experienced by victims.
How Long Do I Have to File a Claim After a Crane Accident?
In Texas, the statute of limitations for personal injury claims is generally two years from the accident date. However, delays can weaken your claim. It is advisable to consult a legal professional as soon as possible to ensure your claim is filed on time and accurately. Acting promptly is crucial, as evidence might become harder to obtain over time. Witnesses may relocate or forget critical details, and physical evidence may be lost. Engaging with a legal expert early on in the process can help mitigate these risks.
What Compensation Can I Expect?
Compensation for crane accident claims can include medical expenses, lost wages, pain and suffering, and rehabilitation costs. The exact amount varies depending on the severity of your injuries, the impact on your life, and the degree of negligence involved. Additional compensation might also cover future lost earnings if long-term or permanent disability results from the accident. It’s important to have a comprehensive evaluation of your injuries and potential treatments to ensure all foreseeable expenses are included in your compensation claim.
Do I Need a Crane Accident Lawyer in Dallas?
While not mandatory, hiring a lawyer familiar with crane accidents and personal injury laws is highly beneficial. Legal complexities can overwhelm individuals without proper experience, and a seasoned attorney offers guidance, representation, and the advocacy required to improve your chances of a successful outcome. A knowledgeable lawyer will navigate the intricacies of insurance policies, handle negotiations with insurers, and represent you in court if necessary, thus helping to ensure that your interests are always protected and that you receive fair compensation for your suffering.
What Is a Traumatic Brain Injury?
Traumatic Brain Injury (TBI) is a disruption in the normal function of the brain caused by an external mechanical force, such as a blow or jolt to the head. TBIs can result from falls, vehicle accidents, sports injuries, and more. Diagnosis typically involves a combination of neurological examinations, imaging tests like CT scans or MRIs, and various cognitive and physical assessments to determine the extent of the damage. Early and accurate diagnosis is crucial as it guides treatment options and impacts long-term recovery. Symptoms often dictate the need for medical evaluation, ranging from physical signs like headaches and nausea to cognitive issues such as confusion or memory loss.
What Are the Long-Term Effects of a Brain Injury?
The long-term effects of a brain injury can vary widely based on the severity and location of the injury. Common consequences include chronic headaches, memory problems, mood swings, and difficulty concentrating. More severe injuries might lead to persistent vegetative states or significant disabilities that require lifelong care. Cognitive therapy, physical therapy, and behavioral therapy are often used to manage symptoms, but some effects may be permanent, impacting a person’s ability to live independently or work. Long-term support is crucial, and ongoing medical care must be carefully coordinated to maximize recovery and quality of life.
How Do Accident Claims Differ in Texas?
Amputation accident claims in Texas are governed by specific statutes that might differ from those in other states. Texas follows a modified comparative negligence rule, which can influence the compensation you receive if you're found to be partially at fault for the incident. Additionally, Texas has strict limitations on filing timelines—known as statutes of limitations—requiring such claims to be filed within two years from the date of injury. Understanding these local distinctions and how they apply to your situation is essential.
Are Local Resources Available for Amputation Survivors?
Dallas offers a range of resources for amputation survivors designed to support both immediate recovery and long-term adjustment. From medical treatment facilities like UT Southwestern Medical Center to rehabilitation services at Baylor Scott & White Institute for Rehabilitation, the city is equipped with comprehensive care options. Support groups and community organizations are also available to connect amputees with others facing similar challenges, providing emotional support and practical advice for adapting to life post-injury.
Why Is It Important to Hire a Dallas Amputation Attorney?
Working with a local Dallas amputation attorney ensures you benefit from professionals who understand the unique legal landscape of Texas and the specific challenges faced by amputation victims in the area. Local attorneys are more familiar with the courts and local judges, which can aid in strategic decision-making throughout your claim. They also often have local contacts and resources that can be invaluable in building a strong, effective case.
What Should I Do After an Electrical Accident?
Following an electrocution accident, it's crucial to seek immediate medical attention, even if you don't see external injuries. Document the scene and gather any evidence, such as photos and witness information. Report the incident to authorities and notify your employer if the accident occurred at work. Lastly, consult with an electrocution accident attorney to understand your legal options and preserve your rights.
How Can an Electrocution Lawyer Assist Me?
An electrocution lawyer can evaluate your situation to determine liability and pursue compensation on your behalf. They gather evidence, engage expert witnesses, and use their legal knowledge to negotiate settlements or represent you in court. Their goal is to ensure you receive appropriate compensation for medical bills, lost earnings, and pain and suffering. Additionally, a lawyer can help analyze the nuances of the accident, such as identifying any regulatory violations that could strengthen your claim. A solid legal strategy is built upon a thorough understanding of both the incident specifics and relevant laws; an experienced attorney is well-versed in both.
What Compensation Is Available for Electrocution Victims?
Victims of electrocution accidents can seek compensation for various damages, including medical expenses, ongoing treatment costs, rehabilitation, lost wages, and damages for pain and suffering. If the defendant's actions were particularly negligent or reckless, punitive damages may also be awarded. Compensation might also cover modifications to the victim’s home to accommodate any new disability and any long-term care expenses. These considerations ensure that the compensation not only addresses immediate needs but also secures a stable future for the victims and their families.
Who Is Liable in an Electrocution Accident?
Liability in an electrocution accident can fall on several parties, depending on the circumstances. Employers, property owners, contractors, and equipment manufacturers can all potentially be held responsible. An attorney can help identify the liable party by carefully analyzing the details of the incident. Determining liability involves examining the conditions leading up to the incident and the parties' conduct. Tools like accident reconstruction and expert witness testimonies can be vital in establishing a solid argument for liability in complex electrocution cases.
How Long Do I Have to File a Claim for Electrocution in Texas?
In Texas, the statute of limitations for personal injury claims, including electrocution, is typically two years from the date of the accident. It's essential to act quickly to preserve evidence and ensure timely filing. Consult with an attorney as soon as possible to navigate these legal timeframes effectively. Delays in filing can jeopardize your ability to claim, as evidence may degrade over time. An experienced attorney can ensure all procedural requirements are met, providing peace of mind and focusing more on recovery and less on legal worries.
How Is Life Affected After a Spinal Cord Injury?
Spinal cord injuries profoundly affect a person’s physical, emotional, and financial well-being. Physically, injuries may lead to mobility loss, necessitating wheelchairs or assistive devices and impairing the ability to perform daily tasks. Emotionally, many individuals face challenges such as anxiety, depression, and social isolation. Financially, the burden of ongoing medical treatments, rehabilitation, and potential loss of employment can be overwhelming. Despite these challenges, many individuals adapt to their new circumstances with the help of comprehensive rehabilitation and strong community support.
What Legal Options Are Available for Spinal Cord Injury Victims?
Victims of spinal cord injuries may pursue legal action to recover damages if their injury was caused by another party’s negligence. Compensation may include coverage for medical expenses, lost wages, pain, and suffering. Working with an experienced paralysis accident attorney is critical to navigating the complexities of personal injury claims. Arnold & Itkin provides dedicated legal support to help clients understand their rights and take the necessary steps to secure financial relief.
How Does a Lawyer Help in a Spinal Cord Injury Claim?
An experienced lawyer provides essential guidance during the legal process for spinal cord injury claims. They assist in gathering evidence, interviewing witnesses, and collaborating with medical professionals to document the extent of the injury. Lawyers also negotiate with insurance companies to maximize settlements and, when necessary, represent victims in court. A skilled attorney ensures that victims’ rights are protected and advocates for compensation that accurately reflects the profound impact the injury has had on their lives.
Are Wrongful Death Settlements Taxed?
As compensatory damages, wrongful death settlements and awards are generally not taxable in Texas, in accordance with Section 1.104-1 of the Income Tax Regulations. Even if the family of a victim is paid in a lump sum, for example, they will not be taxed on the wrongful death payment. The same applies to personal injury settlements.
What Are Common Causes of Wrongful Death in Dallas?
Wrongful deaths in Dallas often occur due to vehicular accidents and workplace incidents. Vehicular accidents are particularly prevalent, exacerbated by the city's bustling roadways and significant traffic congestion. The rise in commercial vehicle activity on interstates like I-35 and I-635 contributes to the frequency of serious accidents. Workplace accidents, especially in industries prevalent in Dallas, such as construction and oil and gas, also significantly contribute to wrongful deaths stemming from unsafe working conditions or equipment failures.
How Long Does a Wrongful Death Claim Typically Take?
The duration of a wrongful death claim in Dallas can vary greatly depending on several factors, such as the complexity of the claim, the willingness of parties to negotiate, and the court’s schedule. On average, such claims may take several months to a few years to resolve. Simple claims with clear evidence might conclude in a timely manner through settlement negotiations, while more complex claims requiring extensive investigation or going to trial will typically take longer. At Arnold & Itkin, we aim to move your claim forward as efficiently as possible without compromising thoroughness and your entitlement to maximum compensation.
What Compensation Can You Expect from a Wrongful Death Claim?
Compensation from a wrongful death claim in Dallas typically includes both economic and non-economic damages. Economic compensation covers quantifiable financial losses such as medical bills, funeral expenses, lost future earnings, and benefits. Non-economic damages address less tangible impacts such as emotional suffering, loss of companionship, and mental anguish. In some claims, punitive damages may be awarded to punish negligent parties and deter similar behavior in the future. Arnold & Itkin is committed to seeking comprehensive compensation that acknowledges both the financial and emotional toll your loss has taken.
How Long Do I Have to File for a Construction Injury?
In Texas, the statute of limitations for filing a work injury claim typically is two years from the date of the accident. However, certain factors can extend or shorten this period. It's advisable to consult with a construction injury attorney as soon as possible to ensure you meet all necessary deadlines and preserve your right to seek compensation.
Who Can Be Held Liable for Construction Accidents?
Liability for construction accidents can extend beyond the employer. Contractors, subcontractors, equipment manufacturers, and site owners may all hold some level of responsibility, depending on the circumstances. An attorney can help determine all parties involved and ensure they are held accountable for their role in the unsafe conditions that led to the accident.
What Compensation Can I Claim for a Construction Injury?
Construction injury compensation can include coverage for medical bills, lost wages, rehabilitation costs, and pain and suffering. In severe cases, compensation may also be awarded for long-term disability and loss of earning capacity. Legal guidance can help you navigate the complexities of construction accident claims and maximize your compensation potential.
Is It Necessary to Hire a Lawyer for a Construction Injury Claim?
While not mandatory, hiring a lawyer for a construction injury claim is highly advisable. An experienced attorney can significantly increase your chances of receiving full compensation by navigating the legal system, managing communications, and compiling the necessary documentation and evidence to support your claim.
How Can I Prove Liability in an Electrocution Case?
Proving liability in an electrocution accident often involves demonstrating that the responsible party was negligent. This may include failing to maintain safe working conditions, not adhering to safety regulations, or allowing dangerous conditions to persist. Evidence such as maintenance records, witness testimonies, and expert evaluations are crucial in establishing negligence. Attorneys, such as those at Arnold & Itkin, can assist in gathering and presenting this evidence effectively. Having a skilled attorney by your side helps navigate complex legal landscapes and ensures that the liable parties are held accountable under Texas law.
Why Is Legal Representation Important for Electrocution Injuries?
Obtaining legal representation for electrocution injuries is critical due to the complex nature of such cases. These incidents often involve intricate technical details and require expert testimony to establish the cause and extent of injuries. A proficient electrocution accident attorney can help interpret these technicalities and present them in a way that supports your case. Moreover, they can negotiate with insurance companies and opposing counsel to ensure you receive fair compensation for medical bills, lost wages, and other impacts. Arnold & Itkin is dedicated to providing comprehensive legal support, helping you navigate every stage of your case with confidence.
What Compensation Can I Expect from an Electrocution Lawsuit?
Compensation from an electrocution injury lawsuit varies based on the specifics of the incident, including the severity of injuries and the impact on your life. Typically, victims can pursue damages for medical expenses, including future treatment costs, lost wages, and rehabilitation expenses. Additionally, compensation for pain and suffering, mental anguish, and loss of quality of life can also be claimed. In cases of gross negligence, punitive damages may be pursued. Consulting with an experienced attorney at Arnold & Itkin can provide a clearer picture of potential compensation based on your unique situation.
Are There Time Limits for Filing an Electrocution Lawsuit in Texas?
In Texas, the statute of limitations for filing a personal injury lawsuit, including electrocution accidents, is generally two years from the date of the injury. This time frame is crucial—failing to file within this period can result in losing the right to pursue legal action. However, certain circumstances, such as injuries to minors or ongoing investigations, may affect this timeframe. It's important to consult with an attorney promptly to ensure timely filing and to explore all legal options available. The team at Arnold & Itkin is equipped to handle your case promptly, ensuring no critical deadlines are missed.
How Can an Amputation Attorney Help Me?
An amputation accident attorney in Houston can play an instrumental role in managing the complexities of your claim. First, they can help establish liability, identifying who is responsible for your injury, whether it involves employers, manufacturers, or third parties. Lawyers can negotiate with insurance companies on your behalf, ensuring you receive compensation that covers medical expenses, lost wages, and rehabilitation costs. Furthermore, an attorney with experience in handling amputation claims can project future damages, incorporating aspects like lifelong prosthetic maintenance and therapy costs, ensuring you are financially secure in the long term.
Can I Sue for Emotional Distress After an Amputation?
Texas law allows individuals to seek compensation for emotional distress following an amputation injury. This can include pain and suffering, mental anguish, and loss of enjoyment of life. However, proving emotional distress can be challenging and requires thorough documentation, sometimes supported by psychological evaluations and expert testimony. An amputation attorney can guide you through this process, ensuring all necessary evidence is collected and advocating fiercely on your behalf to make sure your emotional injuries are not overlooked in your pursuit of justice.
What Should I Do Immediately After an Accident or Injury in Las Vegas?
First and foremost, prioritize your health—get medical attention right away, even if you feel fine initially. Then, document the scene by taking photos or videos of any property damage, road conditions, or injuries. Collect contact details from witnesses and gather all relevant information, such as insurance details from the at-fault party. Refrain from giving in-depth statements to insurance representatives until you’ve spoken with a lawyer. These steps can help preserve vital evidence and protect your legal rights moving forward.
How Long Do I Have to File a Personal Injury Lawsuit in Nevada?
Nevada’s statute of limitations for most personal injury cases is two years from the date of the accident. If you fail to file within this window, you could lose your right to pursue compensation. However, there can be exceptions based on factors like delayed discovery of an injury or other specific circumstances of your case. It’s best to consult with a personal injury attorney in Las Vegas as soon as possible to ensure you don’t miss any critical deadlines.
What If I'm Partially At Fault for the Accident?
Nevada follows a “modified comparative negligence” rule. This means you can still seek compensation if you were partially at fault, as long as you are not more than 50% responsible for the incident. Your total award may be reduced by the percentage of fault assigned to you. An experienced attorney can analyze the evidence, negotiate with insurers, and advocate for a fair determination of liability to seek the compensation you deserve.
How Much Does It Cost to Hire a Las Vegas Personal Injury Lawyer?
Personal injury attorneys in Las Vegas and nationwide typically work on a contingency fee basis, which means they only get paid if they secure a settlement or verdict on your behalf. This arrangement allows you to access top-quality legal representation without paying upfront fees or taking on extra financial risk during an already difficult time. Contingency fees are usually a percentage of the compensation recovered, and that percentage will be discussed before you decide to move forward.
How Long Will It Take to Resolve My Personal Injury Case?
The timeline for resolving a personal injury claim varies widely and depends on factors like the complexity of the case, the extent of your injuries, and the willingness of the at-fault party to negotiate. Some claims may resolve in a few months, while others may require longer investigations or may go to trial. While there’s no definitive timetable, working with a dedicated legal team can help ensure every step is handled efficiently and thoroughly.
How Do I Know If My Injury Is Considered "Catastrophic"?
Catastrophic injuries generally result in permanent disability, long-term medical treatment, or significant lifestyle changes. Common examples include severe burns, spinal cord injuries, brain trauma, and amputations. However, each case is unique—if your injury drastically impairs your daily life or ability to work, you should speak with a Las Vegas catastrophic injury lawyer to explore your legal options.
How Can I Afford a Catastrophic Injury Attorney If I'm Unable to Work?
At Arnold & Itkin, we work on a contingency fee basis. This means you pay no upfront legal fees, and we only get paid if we successfully recover compensation on your behalf. This arrangement ensures that high-quality legal representation is accessible to all, regardless of financial standing.
How Long Do I Have to File a Catastrophic Injury Lawsuit in Nevada?
Nevada’s statute of limitations for most personal injury claims is two years from the date of the accident. However, some exceptions or different deadlines may apply depending on factors like the age of the victim or the discovery date of the injury. Missing the statutory deadline could bar your claim entirely, so it’s best to consult a catastrophic injury attorney in Las Vegas as soon as possible.
What If I Share Some Responsibility for the Accident?
Nevada follows a modified comparative negligence rule, allowing you to recover damages even if you are partially at fault—so long as your fault is less than 50%. Any compensation you receive will be reduced by your percentage of fault. An experienced lawyer can help analyze the facts of your case and work to minimize any undue assignment of blame.
Will My Case Go to Trial, or Can It Be Settled Out of Court?
Many catastrophic injury cases reach a settlement before trial, as going to court can be time-consuming and expensive for both sides. However, insurance companies and large corporations may refuse to offer fair settlements in severe injury cases. Your Las Vegas catastrophic injury attorney should be prepared to take your claim to court if necessary. At Arnold & Itkin, we are trial-tested and committed to fighting for full justice—no matter what.
What Type of Compensation or Damages Can I Expect to Recover?
While each case is unique, victims of catastrophic injuries often recover compensation for medical expenses (including future care), lost wages, reduced earning potential, pain and suffering, emotional distress, and more. In certain instances, the court may also award punitive damages if the at-fault party’s conduct was particularly egregious or reckless.
Are There Caps on Damages in a Wrongful Death Lawsuit?
Nevada does not generally impose caps on compensatory damages in wrongful death cases. This means there’s no predetermined limit on what you can recover for things like medical expenses, funeral costs, lost wages, or emotional distress. However, there may be exceptions in specific types of cases, such as medical malpractice claims, where non-economic damages are capped. Your attorney can help you understand any relevant caps that might apply to your claim.
What Kind of Evidence Is Needed to Prove Wrongful Death?
Evidence can vary based on the nature of the incident but often includes accident or incident reports, medical records, witness statements, expert opinions (forensic, medical, or accident reconstruction), and proof of financial and emotional losses suffered by surviving family members. An experienced wrongful death lawyer in Las Vegas will know how to gather and present the necessary evidence to build a strong case against the responsible party.
Do I Need to Pay Attorney Fees Upfront?
Our Las Vegas wrongful death attorneys work on a contingency fee basis, which means you pay nothing unless we successfully secure compensation through a settlement or verdict. This arrangement allows families to access our legal representation regardless of financial resources.
Can a Wrongful Death Lawsuit Be Filed Even if the Decedent Had No Will or Estate Plan?
Yes. The existence of a will or estate plan does not affect a family’s ability to bring a wrongful death claim. In Nevada, eligible relatives and the personal representative of the estate can still pursue a lawsuit to hold responsible parties accountable.
What If Multiple Family Members Want to File a Lawsuit?
Nevada law allows certain family members and the estate’s personal representative to bring a wrongful death claim. Generally, the surviving spouse, children, or parents are the first in line to file. Other eligible heirs or the personal representative of the estate may join the action to ensure everyone’s interests are addressed in one lawsuit. It’s important to consult a Las Vegas wrongful death attorney to clarify who has standing under state law and how to proceed if multiple individuals wish to file.
Will My Wrongful Death Case Go to Trial?
Many cases settle out of court through negotiation or mediation. However, if the liable party or their insurer refuses to offer a fair settlement, your attorney should be prepared to present your case before a jury. At Arnold & Itkin, we’re known for our trial experience and are not afraid to stand up for our clients, no matter how big the opposition.
What Compensation May Be Available for Brain Injury Survivors?
Victims of brain injuries may be entitled to various forms of compensation. This can include coverage for medical bills, rehabilitation costs, and loss of earnings if the injury impedes work capability. Additionally, compensation may also address non-economic damages such as pain, suffering, and decreased quality of life. A dedicated brain injury lawyer in Houston can thoroughly explore all avenues for compensation to help ensure victims receive the support they need for recovery.
What Are Common Causes of Brain Injuries in the Workplace?
In the workplace, brain injuries often result from falls, especially in industries like construction where employees work at significant heights. Heavy machinery and equipment failures, common in industrial environments, can also lead to severe head injuries. Improper safety practices and lack of protective gear are frequent underlying factors. Employers are required by law to enforce safety protocols to mitigate such risks, yet negligence sometimes leads to tragic outcomes. Brain injury attorneys in Texas can provide guidance on pursuing compensation in such cases.
What Are the Most Common Causes of Spinal Cord Injuries in Dallas?
In Dallas, spinal cord injuries often result from vehicular accidents, including car and trucking collisions due to the city's extensive roadway systems and high traffic volumes. Additionally, workplace incidents, particularly in the city's bustling construction and industrial sectors, contribute significantly. Sports and recreational activities, involving high-contact or extreme environments, also present risks for such injuries.
How Does Texas Law Impact Compensation for Spinal Cord Injuries?
Texas law significantly influences the compensation process for spinal cord injuries by adhering to a modified comparative negligence rule. This means that if a victim is found to be more than 50% at fault for the accident, they cannot recover damages. The total compensation is adjusted according to the victim's percentage of fault. Texas has no cap on economic damages, covering medical bills and lost wages, but non-economic damages may be limited in certain situations, such as medical malpractice cases. Legal guidance is essential to navigate these complex regulations effectively.
What Steps Should I Take Immediately After Suffering a Spinal Cord Injury?
Immediately following a spinal cord injury, securing medical attention is critical to address physical harm and document your injuries officially. Notify your insurance provider and gather evidence at the incident scene, including photos and witness accounts. Consulting with a Dallas paralysis accident attorney early can be instrumental in preserving your legal rights and developing a strong case for compensation. An attorney's insights will help you navigate interactions with insurance companies and any liable parties, ensuring you achieve a just settlement or jury award.
What Types of Rehabilitation Services Are Available for Spinal Cord Injury Victims in Dallas?
Dallas is home to numerous facilities offering comprehensive rehabilitation services for spinal cord injury victims. These services include physical therapy aimed at enhancing mobility and strength, occupational therapy to assist with daily activities and independence, and specialized equipment training. Additional support such as psychological counseling and vocational rehabilitation is available to address the mental and emotional aspects of recovery. Facilities like UT Southwestern Medical Center and Texas Health Dallas provide extensive rehabilitation care and resources, tailored specifically to the needs of spinal cord injury patients.
How Can I Ensure Ongoing Care & Support After a Spinal Cord Injury?
Ensuring ongoing care after a spinal cord injury involves building a robust support network, including healthcare providers, professional caregivers, and personal support from family and friends. Establishing a routine involving regular medical check-ups, therapeutic exercises, and mental health support aids long-term wellness. Adapting your living space and employing technology for mobility and communication can enhance your quality of life. Partnering with a legal advocate is vital to secure financial compensation that covers your long-term healthcare needs, ensuring access to continuous and adaptative care.
How Long Do I Have to File a Wrongful Death Claim in Louisiana?
The statute of limitations for wrongful death claims in Louisiana is generally one year from the date of the person’s death. This limited timeframe necessitates prompt legal action to preserve the right to pursue damages. Delays can complicate proceedings and potentially undermine the offenders’ accountability. It is crucial for grieving families to seek immediate legal consultation to ensure that all paperwork and evidence are appropriately and timely assembled. This critical step helps safeguard your legal options and sets the foundation for a thorough evaluation of your claim.
Why Choose Arnold & Itkin for Your Baton Rouge Wrongful Death Claim?
Choosing Arnold & Itkin means choosing a team that understands the deep personal pain of losing a loved one unexpectedly. We strive not only to act as your legal representatives but also as part of your support system, bearing the logistical burdens of your wrongful death claim while you focus on healing with your family. Our experienced Baton Rouge wrongful death attorneys employ empathetic and strategic approaches to ensure that justice is pursued in your loved one's memory. We are committed to achieving favorable outcomes that honor your loss and provide the necessary resources to rebuild your lives.
What Damages Can Be Recovered in a Wrongful Death Claim?
In a wrongful death claim, plaintiffs may seek a variety of damages, both economic and non-economic, designed to address the financial and emotional impacts of their loss. These can include medical expenses incurred before the deceased's passing, funeral and burial costs, lost wages and potential earnings, loss of consortium and companionship, and emotional suffering endured by the family. The valuations of such damages are complex and typically require expert financial analysis and legal interpretation. Skilled legal assistance is pivotal in comprehensively documenting and presenting these damages to ensure proper acknowledgment and compensation.
What Are the Most Common Injuries Sustained in Construction Accidents?
Construction sites are fraught with potential hazards, which can lead to a variety of injuries. Common injuries include fractures from falls, lacerations from sharp objects, and head trauma from falling debris. Electrocutions and burns are also prevalent, particularly in jobs involving electricity and welding. Unfortunately, these types of injuries often carry long-term consequences, including chronic pain and disability.
Understanding the nature of these injuries helps in preparing safety protocols and ensuring proper protective equipment like helmets, gloves, and harnesses are in use. Regular safety drills and adequate safety training can drastically reduce the severity and frequency of these incidents, fostering a safer work environment for all construction workers.
What Compensation Can Be Sought After a Dallas Construction Accident?
Compensation after a construction accident typically includes medical expenses, lost wages, rehabilitation costs, and compensation for pain and suffering. In cases where negligence is proven, additional damages might be applicable to punish the wrongdoer and deter similar actions in the future. Each injury and its impact vary; therefore, the compensation amount should reflect the individual's specific suffering and financial consequences.
Navigating the claims process can be overwhelming, especially when recuperating from injuries. Engaging the services of a qualified attorney can streamline the process and enhance the likelihood of receiving a fair settlement that addresses every aspect of the victim’s loss.
What Should I Do If I Witness a Construction Accident?
If you witness a construction accident, the first step is to ensure that emergency services are contacted immediately for medical assistance. Next, collect details of the incident, such as what led to the accident and any safety breaches that might have been observed. Reporting the incident to your supervisor and taking notes of key details will aid in any subsequent investigations. Being an eyewitness makes your account important, and accurate reporting is crucial for determining liability and preventing future accidents. To best protect your interests, speak with a local construction accident lawyer in Dallas.
I’m a Subcontractor, Not an Employee. Can I Still File a Construction Accident Claim?
Even if you’re considered an independent contractor, you may have the right to pursue a personal injury claim if another party’s negligence caused your injuries. An attorney can clarify your options based on your specific contract and Nevada law.
What If I’m Partially At Fault for My Construction Accident?
Nevada follows a modified comparative negligence rule, meaning you can still recover damages if you are less than 50% responsible for a construction accident in Las Vegas. Any award you receive would be reduced by your percentage of fault.
After a Construction Accident, What Damages Can I Seek Beyond Medical Bills?
Depending on the nature of your case, you may recover compensation for lost wages, reduced earning capacity, pain and suffering, emotional distress, and other losses. If a third party was involved, you could also seek punitive damages if their behavior was particularly reckless.
How Much Time Do I Have to File a Construction Accident Claim In Nevada?
The statute of limitations for most personal injury cases in Nevada, including those involving construction site injuries, is two years from the date of the accident. However, certain factors—such as when you discovered an injury—can affect this timeline. Contact a lawyer promptly to preserve your rights.
Can My Case Be Settled Out of Court?
Many Las Vegas construction accident cases settle out of court, especially when liability is clear and the injuries are well-documented. However, if the opposing party refuses to offer a fair settlement, your attorney should be prepared to take your case to trial to secure the compensation you deserve.
How Long Do I Have to File a Truck Accident Lawsuit in Nevada?
Nevada’s statute of limitations for personal injury cases is typically two years from the date of the accident. However, it’s best to consult a Las Vegas truck accident lawyer promptly. Time-sensitive evidence—such as black box data or witness statements—could be lost or compromised if you wait too long.
What If the Insurance Company Offers Me a Quick Settlement?
While it may seem tempting, initial settlement offers rarely reflect the true value of your claim. Insurers know you may be facing immediate financial hardships and hope you’ll settle for less. Speak to a local truck accident attorney in Las Vegas before accepting any offer; a lowball payout could leave you responsible for future medical expenses and other unforeseen losses.
Can I Still Seek Compensation If I’m Partially at Fault?
Under Nevada’s modified comparative negligence rule, you can still recover damages if you were less than 50% responsible for an 18-wheeler or other trucking accident. Any compensation awarded, however, may be reduced by your percentage of fault.
After a Vegas Truck Accident, What Compensation Could I Be Entitled To?
Potential damages in a trucking accident claim may include current and future medical costs, lost wages, reduced earning capacity, rehabilitation expenses, pain and suffering, emotional distress, and more. In some cases where a defendant’s conduct was particularly egregious, you may also seek punitive damages.
Do I Need an Attorney If I Lost a Loved One in a Truck Accident?
If a family member died in a trucking accident, you may be eligible to file a wrongful death claim. This can provide financial relief for medical bills, funeral expenses, lost income, and loss of companionship. It can also help you find answers and peace of mind by seeing at-fault parties held accountable. An attorney can help you navigate the legal process during this difficult time.
Can I Still Seek Compensation If I’m Partly at Fault for My Work Accident?
Yes. Under Nevada’s workers’ compensation system, benefits are provided on a no-fault basis, which means you can typically receive coverage for your medical expenses and a portion of lost wages—even if you share some blame for what happened. However, if you’re pursuing a third-party lawsuit (for example, against a negligent contractor or equipment manufacturer), the state’s modified comparative negligence rule applies. This means you can recover damages as long as you’re less than 50% responsible for the accident, but any award will be reduced by your percentage of fault. Because determining liability can be complex—especially when multiple parties are involved—it’s crucial to consult with a Las Vegas work accident attorney.
Do I Have Grounds for a Lawsuit if I’m Already Receiving Workers’ Compensation?
Workers’ compensation typically prevents you from suing your employer directly for a workplace injury, but it doesn’t always address the full scope of your losses. If a third party—such as an equipment manufacturer, subcontractor, or property owner—bears partial responsibility for the accident, you may still have a valid personal injury claim. This additional legal avenue can help you recover damages beyond what workers’ comp covers, including compensation for pain and suffering, emotional distress, and other losses. Consulting with an experienced Las Vegas work accident lawyer can help you explore your options and maximize your potential recovery.
What Should I Look For in a Las Vegas Work Accident Attorney?
You’ll want a lawyer with a proven track record in handling complex workplace injury and third-party liability claims. Familiarity with local courts, Nevada employment law, and the nuances of industries like construction or hospitality can be a significant advantage. Look for a firm with ample resources to conduct thorough investigations, enlist credible experts, and stand up to well-funded corporate defense teams. Most importantly, choose someone who treats you with respect—communicating clearly, keeping you informed, and genuinely caring about your future. That level of commitment can make all the difference in securing a full and fair recovery.
What Kinds of Damages Can I Recover in a Third-Party Work Accident Lawsuit?
Unlike workers’ compensation, which mainly covers medical expenses and a portion of lost wages, a third-party personal injury lawsuit can include additional damages such as pain and suffering, mental anguish, loss of future earning capacity, and even punitive damages in certain cases of extreme negligence. This broader scope of recovery can be critical if you’re dealing with life-altering injuries that require extensive medical treatment or prevent you from returning to your previous line of work. An attorney can help calculate the full extent of your losses to ensure any settlement or verdict adequately addresses your long-term needs.
How Do I Know if a Third Party Is Liable for My Work Accident?
Determining third-party liability usually involves a detailed investigation into the circumstances surrounding the accident. For instance, if you were injured by a faulty machine, the manufacturer could be responsible for a design or production defect. Similarly, if a subcontractor created a hazardous work environment, they might be held liable for negligence. A Las Vegas work accident attorney can gather evidence such as maintenance records, safety reports, and expert opinions to pinpoint exactly who played a role in your injury. Identifying all liable parties ensures you can pursue a claim that covers the full range of your damages.
How Does the LHWCA Differ from Other Workers’ Compensation Programs?
The LHWCA is distinct from many state workers' compensation programs in that it solely applies to maritime workers injured on navigable waters or adjoining areas. Unlike state-specific workers' compensation laws, the LHWCA provides uniform federal coverage that addresses the unique risks associated with maritime employment. This federal act covers not only medical expenses and lost wages but also extends to rehabilitation services, retraining, and in severe cases, benefits for dependents in the event of a worker's death.
Given its federal nature, filing a claim under the LHWCA involves navigating a different process than state workers' compensation claims, often requiring specific documentation and adherence to particular timelines. This is another instance where seeking the advice of an experienced Baton Rouge longshore attorney becomes advantageous, as they can provide insights into both the nuances of federal regulations and how these intersect with local practices.
What Are Common Causes of Longshore Accidents in Baton Rouge?
In Baton Rouge, as in other port cities, longshore accidents can stem from various factors, often related to the unique environment where maritime operations occur. Common causes include slips and falls on wet surfaces, injuries from operating or being in proximity to heavy machinery, and incidents occurring during cargo transfer between ships and shore. The bustling activity of the port can also lead to accidents due to poor communication or coordination among workers, and mechanical failures in equipment pose another significant risk.
Environmental conditions add another layer of complexity, as Baton Rouge's weather can affect operations, leading to increased hazards like heat-related illnesses. Addressing these aspects requires comprehensive safety protocols and regular training to safeguard workers. Legal assistance can then provide a framework for ensuring these standards are maintained and enforced, leveraging the LHWCA's provisions to enhance workplace safety and compensation measures.
Why Is Legal Representation Important for LHWCA Claims?
Navigating a Longshore and Harbor Workers’ Compensation Act (LHWCA) claim can be challenging due to its specialized rules, strict deadlines, and unique documentation requirements. An experienced longshore attorney can guide you through the claims process by collecting the necessary evidence, ensuring you meet filing deadlines, and handling negotiations with employers or insurance companies to secure the benefits you are entitled to under the Act.
In addition, a knowledgeable attorney can identify whether your accident involved other liable parties beyond your employer. For example, if a vessel owner’s negligence or a manufacturer’s defective equipment contributed to your injury, you may be able to bring a third-party lawsuit to pursue additional compensation. By evaluating all potential avenues of recovery—both through the LHWCA and any applicable third-party claims—a skilled lawyer can help you maximize the financial support you receive, protect your legal rights, and reduce the risk of procedural errors that could undermine your case.
What Should I Do After an Offshore Accident?
Immediately following an offshore accident, your health should be the top priority. Seek medical attention as soon as possible—even if the injury seems minor, symptoms can develop later. It's also important to report the accident to your supervisor and ensure that an official incident report is filed. If possible, document the scene with photos and note any potential witnesses.
Consulting with an offshore accident attorney in Houston is a crucial next step to understanding your rights and options. An attorney can help you navigate the complexities of the Jones Act or other applicable maritime laws, ensuring that you are taking appropriate legal action. Do not rely solely on company representatives or insurance adjusters for information about your claims or entitlements—protect your interests by contacting legal professionals like those at Arnold & Itkin.
Can I Sue My Employer for an Offshore Accident?
Under the Jones Act, you can bring a lawsuit against your employer for negligence that resulted in your injury as a seaman. This legal avenue is distinct from typical workers' compensation claims and allows for a more personalized evaluation of damages. Unlike workers’ compensation, the Jones Act entitles injured seamen to pursue compensatory damages, such as pain and suffering, which can significantly augment the overall compensation award.
If injured while working offshore, it is essential to understand your rights and the differences between the available legal pathways. Engaging with knowledgeable offshore accident lawyers, like those at Arnold & Itkin, enables you to effectively evaluate your options and choose the best course forward.
What Should I Do Immediately After a Maritime Injury?
If you are injured while working offshore, you must immediately report your injury to your supervisor and ensure that an official incident report is filed. Seek medical attention as soon as possible, even if you initially perceive the injury as minor. It is crucial to document every aspect of the injury, as comprehensive records can profoundly impact the success of any claim you wish to file. Additionally, gather contact information from any witnesses who can corroborate the circumstances surrounding your accident. Engaging experienced legal representation early can help ensure all procedural elements are correctly followed to strengthen your claim under the Jones Act.
Who Is Responsible for Paying My Medical Expenses?
Under the Jones Act, if you are injured while performing your duties as a seaman, the shipowner or your employer is generally responsible for covering your medical expenses through the maintenance and cure provision. This obligation exists regardless of fault and is intended to provide you with financial support while you recover. It covers daily living expenses, as well as medical treatments related to your injury. However, if negligence can be established, you may also be entitled to additional compensation, which can cover more extensive damages, including past and future medical expenses, lost wages, and more. Discussing your situation with a local Jones Act attorney in Houston, Texas can clarify your entitlements and next steps.
How Is Negligence Proved in a Jones Act Claim?
Proving negligence in a Jones Act claim involves demonstrating that the employer or vessel owner failed to provide a reasonably safe working environment, which directly led to the injury. This may include providing evidence of inadequate training, insufficient crew members, poorly maintained equipment, or unsafe working conditions. Collecting both written and photographic documentation, alongside witness testimony, can significantly bolster your claim. Furthermore, enlisting the services of seasoned Jones Act attorneys can help identify all potentially liable parties and effectively present evidence that adheres to the specific requirements under maritime law.
Can I Still File a Jones Act Claim if I Was Partially at Fault?
The Jones Act allows injured seamen to file a claim even if they share some fault in their accident. This is possible due to the doctrine of comparative negligence, which allows for recovery so long as the injured party is not entirely at fault. The compensation may be adjusted based on the seaman’s percentage of fault, meaning your damages can be reduced proportionally. It's crucial to clearly establish the degree of fault attributable to all parties, a process in which a Houston Jones Act lawyer can provide invaluable assistance.
How Long Do I Have to File a Jones Act Claim?
Under the Jones Act, the statute of limitations to file a claim is generally three years from the date of injury. This timeframe can be critical, as delaying action might undermine the strength of your case or void your right to seek compensation altogether. It's important to note that certain conditions, such as delays in symptom manifestation or ongoing medical treatments, could affect this period. Engaging with a knowledgeable Jones Act lawyer as soon as possible can help clarify timelines and ensure that you maximize your legal options.
Will I Need to Go to Court for My Barge Accident Claim?
Many barge accident claims are settled out of court through negotiations between your attorney and the responsible parties’ insurers. However, if a fair settlement is unattainable, proceeding to court may be necessary to achieve rightful compensation. Having a Houston barge injury attorney who is prepared to litigate can make all the difference. At Arnold & Itkin, our trial-tested attorneys willingly take on such challenges to safeguard our clients' interests.
Can I Choose Any Lawyer for My Barge Accident Claim?
While you can technically choose any lawyer, opting for one with extensive experience in maritime law and a solid reputation in handling barge accident claims in Houston will likely yield better outcomes. Such lawyers understand the intricacies of maritime claims, local regulations, and court systems specific to Houston, enabling them to provide tailored legal strategies. Arnold & Itkin offers the proficiency and dedication required to tackle these complex matters effectively.
How Do Dallas Workplace Injury Laws Protect Me?
Dallas workplace injury laws are designed to protect workers and ensure they receive appropriate compensation following an injury. Texas workers' compensation laws provide benefits for medical expenses and a portion of lost wages due to work-related injuries. However, because Texas allows for non-subscriber employers, not all workers are covered by traditional workers' comp.
If you're injured while working for a non-subscriber employer, you may have to pursue a negligence lawsuit to recover damages. A Dallas work injury lawyer can help you navigate these complexities, assess your employer's coverage status, and seek the appropriate compensation under the applicable laws. These laws also aim to ensure that employers maintain a safe working environment, adhering to state and federal occupational safety guidelines, including those stipulated by OSHA. Understanding your rights and protections under these laws is essential, especially when negotiating with employers or their insurance providers.
What Types of Compensation Can I Receive for My Work Injury in Dallas?
Compensation for work injuries in Dallas varies based on the nature and severity of the injury and the employment situation. Under traditional workers' compensation, you might receive benefits covering medical expenses, a percentage of lost wages, and vocational rehabilitation if you're unable to perform the same job duties. If your employer is a non-subscriber, you may be eligible to pursue additional compensation through a personal injury lawsuit, which could include recovery for full lost wages, medical costs, pain and suffering, and punitive damages if employer negligence is proven. Each compensation route has its own set of procedures and limitations, making it crucial to discuss options with a seasoned work injury attorney. Understanding your eligibility for various compensation types is vital to securing the most comprehensive financial recovery available to you.
Can I Sue My Employer for a Work Injury in Dallas?
The ability to sue an employer for a work injury in Dallas depends largely on your employer's workers' compensation status. In Texas, if your employer subscribes to the state's workers' compensation insurance program, you're typically precluded from suing them directly due to the coverage workers' compensation provides. However, if your employer is a non-subscriber, the law allows you to file a lawsuit provided you can demonstrate their negligence caused your injury. Navigating such lawsuits requires experience in personal injury law, making it imperative to have an attorney who can thoroughly investigate the incident and advise on the viability of a direct lawsuit. Suing an employer involves proving negligence and potentially bringing third-party claims if others, like equipment manufacturers, contributed to the injury.
What Compensation Can I Claim for Offshore Injuries?
The compensation available for offshore injuries typically includes medical expenses, lost earnings, pain and suffering, and disability or disfigurement compensation. In some instances, it may also cover the failure of an employer to provide adequate maintenance and cure. The specifics will vary depending on the circumstances of your case and the applicable laws (not on Louisiana laws, but on federal and maritime laws), such as the Jones Act or the Outer Continental Shelf Lands Act (OCSLA). A knowledgeable Louisiana offshore injury lawyer can assess your situation, determine the right avenues for seeking compensation, and guide you through the process to maximize your claim.
Why Is Baton Rouge Significant in the Offshore Industry?
Baton Rouge's significance in the offshore industry stems from its strategic location and its role as a logistical and administrative center for countless offshore operations in the Gulf of Mexico. The area boasts a skilled workforce and serves as a focal point for engineering, supply chain coordination, and reclamation projects. Being centrally located, it also provides essential infrastructural and logistical support, making it vital to the offshore sector's economic impact on Louisiana. As such, Baton Rouge remains pivotal in facilitating offshore activities and upholding high standards of safety and efficiency.
Who Can Be Held Liable in an Explosion Accident?
Figuring out who’s truly at fault in an explosion requires a thorough investigation that looks beyond the obvious. Employers, equipment manufacturers, and even outside contractors may all share responsibility if they ignored warning signs or broke safety rules. Because every situation is different, our team examines each detail—uncovering product defects, site mismanagement, or other forms of negligence—to determine exactly who’s accountable. By confronting every negligent party, we increase the chances of securing the full compensation survivors need to recover and move forward.
Are There Time Limits for Filing a Legal Claim After an Explosion?
Yes, there are legal time limits, known as statutes of limitations, which set the deadline for filing a case. In Texas, the statute of limitations for personal injury claims generally extends to two years from the date of the accident. However, specific circumstances could alter this timeline, making it essential to seek legal guidance as soon as possible after an incident to avoid missing critical deadlines and losing the right to pursue compensation.
Why Hire an Amputation Attorney in Baton Rouge?
Choosing a local attorney can make a world of difference in your case. When you work with someone who knows Baton Rouge inside and out, you gain an advocate familiar with both state law and the unique challenges facing amputation survivors in this region. We know how to handle insurers who try to minimize your losses and can fight to ensure any fault attributed to you is kept to a minimum—protecting your right to the compensation you deserve. At Arnold & Itkin, we focus on getting you the resources needed to rebuild your life, so you can concentrate on healing.
What Compensation Can I Expect for an Amputation Injury?
Amputation injuries often bring hefty medical bills, long-term rehab costs, and lost income—not to mention the emotional toll. The specific value of your claim depends on the severity of your injuries and the level of negligence involved. Our team looks at every angle—pain and suffering, lost wages, future earning capacity, and more—to push for an award that meets your long-term needs. Arnold & Itkin’s history of winning big verdicts and settlements in Louisiana speaks to our commitment to securing meaningful compensation for our clients.
How Long Does It Take to Resolve an Amputation Case?
Every case is unique. While some reach a settlement quickly, others might go to trial, extending the timeline significantly. We never rush a resolution if it means sacrificing the true value of your claim. Our role is to guide you through the legal process strategically, whether that involves settlement talks or court proceedings. With Arnold & Itkin, you’ll always know exactly where you stand, and we’ll fight to move your case forward without compromising the compensation you deserve.
What Are Common Causes of Amputation Injuries in Baton Rouge?
Severe workplace accidents—especially in construction, industrial, and manufacturing sectors—are a leading cause of amputations in Baton Rouge. Car, truck, and motorcycle collisions are another common culprit, often resulting in catastrophic injuries when drivers behave recklessly or neglect vehicle maintenance. Understanding what led to your amputation—faulty machinery, safety violations, or careless driving—is crucial for proving liability. Our attorneys know how to investigate these factors thoroughly, holding negligent parties accountable and securing the support you need.
How Does Arnold & Itkin Support Clients After an Amputation Injury?
At Arnold & Itkin, we believe genuine legal representation goes beyond the courtroom. We connect our clients with the right medical specialists, rehabilitation services, and supportive resources to navigate the aftermath of an amputation. Our approach is hands-on and personal, ensuring we address the practical, emotional, and financial challenges you face. By aggressively pursuing compensation and advocating for your rights, we work to give you the best possible shot at rebuilding your life.
What Makes Aviation Accidents in Las Vegas Different from Those in Other Cities?
Las Vegas is a global tourism hub with busy commercial flights and popular helicopter tours over destinations like the Strip and the Grand Canyon. This mix of high-volume commercial traffic and frequent scenic flights can increase the number of aircraft in the skies at any given time, adding complexity to takeoffs, landings, and flight paths. Whether it’s a commercial jet at Harry Reid International Airport or a helicopter tour company, the high tempo of air travel in Las Vegas necessitates stringent safety standards and thorough accident investigations to protect everyone involved.
Can I File a Claim if I Was Injured on a Helicopter Tour in Las Vegas?
Whether you’re a local resident or a visitor, you have the right to seek compensation if a helicopter operator’s negligence—or defective equipment—led to your injuries. Potentially liable parties can include the tour company, aircraft manufacturer, or even maintenance contractors. A Las Vegas aviation accident lawyer can gather evidence, consult industry experts, and handle negotiations or litigation to hold all at-fault parties accountable for medical bills, lost wages, and other damages.
What Are Potential Causes of Plane Accidents?
Accidents can occur due to pilot error, equipment failure, poor maintenance, or air traffic control miscommunications—especially during peak travel seasons. In desert conditions around Las Vegas, sudden wind gusts or temperature fluctuations can pose extra challenges. Investigations often involve multiple agencies, including the Federal Aviation Administration (FAA), to determine how these factors contributed to any crash and whether airlines or other entities failed to meet required safety standards.
Who Is Legally Responsible for a Commercial Plane Crash in Las Vegas?
Liability in a plane accident can extend beyond the airline. Depending on the circumstances, aircraft manufacturers, maintenance crews, and even federal authorities (for lapses in air traffic control) may share fault. Determining who is responsible demands an in-depth investigation, which typically involves reviewing flight data recorders, inspection logs, and crew training records. A skilled Las Vegas aviation accident attorney can help identify each liable party, ensuring that victims pursue compensation from every source of potential recovery.
How Long Do I Have to File a Legal Claim After an Aviation Accident in Nevada?
In Nevada, most personal injury claims—including aviation accident cases—must be filed within two years of the date of the incident. Missing this window may prevent you from seeking any compensation at all. However, the complexity of aviation crashes and involvement of federal investigations can affect certain timelines. If you’re unsure of what to do or what rights you have, it’s best to consult a Las Vegas aviation accident lawyer as soon as possible to preserve evidence and meet any applicable deadlines.
What Type of Compensation Could I Recover After a Plane or Helicopter Crash?
Potential compensation can cover medical expenses, lost income, therapy or rehabilitation costs, and non-economic damages for pain and suffering. In catastrophic cases, victims might also pursue punitive damages if the responsible parties acted with extreme negligence or willful misconduct. Because aviation accidents often involve substantial injuries or fatalities, it’s critical to work with a legal team that has experience in complex claims. This ensures you have the best chance of securing the full compensation necessary to rebuild your life.
What Are the Most Common Causes of Drowning Accidents in Louisiana?
Drowning incidents often occur in private or public swimming pools, waterparks, and natural bodies of water such as rivers or lakes. Common causes include inadequate pool fencing, defective gates, lack of proper supervision, and failure to follow local or state safety regulations. In many cases, a property owner or operator’s negligence—such as ignoring a broken latch on a pool gate or failing to provide lifeguards—contributes directly to the incident.
Who Can Be Held Liable in a Louisiana Drowning Accident?
Liability can extend to various parties, from private homeowners and apartment complexes to hotels, amusement parks, or municipalities managing public pools. If an individual or entity fails to comply with Louisiana’s safety standards—like installing proper fencing or ensuring correct signage—they may be responsible for the harm that results. In some cases, manufacturers of faulty pool equipment or lifeguard training organizations may also share liability.
What Should I Do If a Loved One Nearly Drowns and Has Lasting Injuries?
Immediate medical attention is crucial, but once the victim is stable, it’s important to document everything related to the incident. Take photos of the area, gather witness statements, and note any safety code violations. You should then contact an experienced Louisiana drowning accident attorney who can investigate the cause, identify responsible parties, and guide you through the legal process to seek compensation for medical bills and ongoing care.
How Long Do I Have to File a Drowning Lawsuit in Louisiana?
In Louisiana, most personal injury or wrongful death lawsuits—including drowning cases—must be filed within one year of the incident or the date of death. Missing this deadline can mean forfeiting your legal right to pursue compensation. Because it can take time to investigate the cause of a drowning incident and identify liable parties, contacting a Louisiana drowning accident lawyer promptly is crucial to preserving evidence and safeguarding your claim.
What Are Common Causes of Electrocution in Louisiana?
Electrocutions can happen at industrial plants, construction sites, or in residential settings if wiring is substandard. In Baton Rouge, where many people work in refineries or around heavy machinery, the risks increase if employers fail to uphold safety regulations. Faulty wiring, lack of protective equipment, inadequate maintenance, and failure to adhere to building codes are just a few frequent culprits. No matter the setting, property owners and businesses are legally obligated to protect workers and visitors from preventable electrical hazards.
How Can I Tell If Someone Else Is Liable for My Electrocution Accident?
Liability often hinges on whether an individual or company failed to meet a legal duty of care—like following local electrical codes, providing sufficient training, or maintaining equipment properly. An in-depth review of maintenance logs, inspection records, and safety protocols can help expose such negligence. A Louisiana electrocution lawyer can investigate these issues, consult experts, and pinpoint any party—such as an employer, contractor, manufacturer, or property owner—whose misconduct contributed to the accident.
Are There Special Considerations for Electrocution Cases in Baton Rouge?
Yes. Baton Rouge is home to a number of industrial facilities, refineries, and large construction sites. These work environments often involve high-voltage machinery or extensive electrical networks. Because the stakes are so high, state and federal regulations (like those enforced by OSHA) play a pivotal role. Failing to comply with these standards can significantly increase the risk of electrocution. Having local legal representation familiar with Baton Rouge’s industrial landscape can be invaluable for pursuing a strong case.
What Types of Compensation Are Available After an Electrocution Accident?
Compensation in Louisiana can include medical expenses (hospital stays, rehab, surgeries, and ongoing treatments), lost wages or reduced earning potential, pain and suffering, and more. If the electrocution was fatal, the victim’s family may be entitled to wrongful death damages for funeral costs, lost financial support, and emotional distress. Determining the full range of available compensation typically requires a detailed evaluation of the accident circumstances and the victim’s long-term needs.
How Long Do I Have to File an Electrocution Claim in Louisiana?
Under Louisiana law, most personal injury cases—including electrocution accidents—must be filed within one year of the date of the incident. This is one of the shortest statutes of limitations in the country. Failing to file within that time can permanently bar you from seeking compensation. Because gathering evidence and conducting a thorough investigation can take time, it’s best to contact an attorney as soon as possible to protect your rights.
How Can a Louisiana Electrocution Lawyer Help Me?
An experienced attorney will thoroughly investigate the accident, interview witnesses, consult with electricians and safety experts, and review maintenance or inspection records. Their goal is to build a compelling case against any liable parties—whether it’s an employer, property owner, or a manufacturer of defective equipment. They can also negotiate with insurance companies on your behalf, or take your case to trial if settlement offers fall short. Through each step of the process, an electrocution attorney can help ensure your rights are protected and you have a path toward the compensation you need to move forward.
How Do Explosion Lawyers Determine Liability?
Establishing liability in explosion incidents involves a detailed investigation of the event. Legal teams will examine factors such as maintenance records, compliance with safety protocols, and potential negligence in managing explosive materials. Witness reports and expert analyses from fields such as engineering may be utilized to identify any deviations from standard practices. A Dallas explosion injury lawyer can work to pinpoint negligence, be it from faulty equipment, inadequate employee training, or regulatory noncompliance, ensuring accountable parties are held responsible.
What Compensation Is Available for Explosion Victims?
Victims of explosion accidents in Dallas might be eligible for various types of compensation. This includes coverage for medical expenses, ongoing treatment, lost income due to the inability to work, and compensation for pain and suffering endured as a result of the accident. In cases of severe negligence, punitive damages may also be sought to penalize wrongdoers and deter similar misconduct. A skilled explosion accident lawyer in Dallas can evaluate your particular circumstances to determine and maximize your potential compensation.
Are Explosion Injuries Always Visible Immediately?
Not all explosion-related injuries are immediately apparent. While burns and physical trauma might be visible, internal and auditory injuries, such as traumatic brain injuries or acoustic trauma, might not present symptoms until days or even weeks later. For some, the psychological impact can also manifest over time, potentially complicating recovery. This underlines the need for thorough medical assessments following exposure to an explosion and for retaining a Dallas explosion injury lawyer who understands the intricacies of such cases to advocate effectively on your behalf.
How Long Do I Have to File a Personal Injury Lawsuit in Dallas, TX?
In Texas, the statute of limitations for most personal injury cases is two years from the date of the accident. Missing this deadline usually means losing your right to seek compensation, but there are some exceptions. Because it can take time to collect evidence and build a strong case, contacting a Dallas personal injury attorney as soon as possible can safeguard your legal options.
What Does a “Contingency Fee” Mean, and How Does It Help Me?
A contingency fee arrangement means your attorney doesn’t get paid unless they win or settle your case. For Dallas residents facing mounting medical bills, this setup offers peace of mind—there are no upfront costs for legal representation. Instead of worrying about how you will pay for legal counsel, you can focus on healing and rebuilding.
Why Should I Hire a Local Dallas Injury Attorney?
Local lawyers understand the unique factors affecting Dallas claims, such as congestion on Interstate 35, regions undergoing construction, or local employers. They’re also more familiar with Dallas County courts, local judges, and opposing counsel. Hiring an attorney who is deeply rooted in the community often results in a more efficient claim process and a strategy tailored to the specific conditions of the Dallas–Fort Worth metroplex.
How Do I Know If I Have a Valid Personal Injury Claim in Dallas?
In general, you may have a valid claim if another party’s negligence caused your injuries—whether it’s a reckless driver, an unsafe property owner, or an employer who failed to enforce safety standards. A Dallas personal injury lawyer can review police reports, witness statements, and medical records to evaluate your case. If there’s clear evidence of wrongdoing or negligence, you can likely pursue compensation for medical expenses, lost wages, and other damages.
What Should I Do Immediately After an Accident at a Plant or Refinery?
Following an accident at a plant or refinery, the immediate priority is to ensure your safety and the safety of others. If possible, evacuate the area to avoid exposure to hazardous materials or additional injury. Once safe, contacting emergency services to address any injuries is critical. Afterward, document the scene if you can, noting any potential causes of the accident, and gather information from witnesses. This documentation can be invaluable for any subsequent legal proceedings or insurance claims. Finally, reaching out to a Dallas plant injury lawyer early in the process can help protect your rights and ensure you receive the guidance needed to navigate the aftermath of the incident.
What Are Common Legal Challenges in Plant & Refinery Accident Cases?
Legal challenges in plant and refinery accidents often include proving liability, which can be complicated due to the multiple parties involved, such as contractors, equipment manufacturers, and safety inspectors. Establishing employer negligence can also be complex, especially when federal and state safety regulations intersect. Additionally, large corporations might employ extensive legal teams to counter claims, requiring powerful legal representation to level the playing field. Our team at Arnold & Itkin tackles these challenges head on, using our resources and dedicated legal strategies to effectively advocate for our clients.
How Long Does a Plant or Refinery Accident Investigation Typically Take?
The length of an investigation can vary depending on the accident's complexity. Typically, an investigation can span from several weeks to months. Factors influencing this timeline include the severity of the accident, the number of parties involved, and cooperation from relevant organizations such as OSHA, which may conduct their inquiry. During this period, our legal team works diligently to gather evidence and consult with industry experts to build a compelling case for our clients, ensuring that all facets of the incident are thoroughly examined.
What Compensation Might Be Available After a Dallas Plant or Refinery Accident?
Compensation following a plant or refinery accident can cover various damages, including medical expenses, lost wages, and rehabilitation costs. If permanent disability results, compensation may extend to cover future earnings potential and necessary home adaptations. In tragic cases resulting in a fatality, surviving families may be eligible for wrongful death compensation to cover funeral costs, emotional distress, and financial support for dependents. Arnold & Itkin is committed to ensuring our clients pursue maximum compensation to aid their recovery and secure their future.
What Are the Most Common Causes of Scaffolding Collapses in Houston?
In Houston, scaffolding collapses are often attributed to a combination of factors. Poor construction is one of the primary causes, where improper assembly and inadequate fastening can lead to a structure's failure. The frequent use of substandard materials that do not meet safety regulations also significantly contributes to these incidents. Another leading cause is the overloading of scaffolding beyond its capacity, resulting in excessive stress on joints and supports. Additionally, external environmental factors, such as strong winds and heavy rainfall common in Houston, can exacerbate the risk of collapse if the scaffolding is not properly secured or weather-proofed. Proper training and regular compliance checks with OSHA standards are crucial in minimizing these risks and preventing potential accidents.
How Long Do I Have to File a Scaffolding Accident Claim in Texas?
In Texas, most personal injury lawsuits—including those arising from scaffolding accidents—must be filed within two years of the date of the accident. Missing this deadline generally means you lose the right to pursue compensation. Because investigation, evidence-gathering, and negotiations can take time, it’s wise to consult a Houston scaffolding accident lawyer as soon as possible to safeguard your claim.
What Should I Do Immediately After a Scaffolding Accident?
Seek medical attention right away, even if you believe your injuries are minor. Then, document the scene by taking photos or videos, noting unsafe conditions like missing guardrails or loose planks. Gather contact information from witnesses, and report the incident to your supervisor or employer as soon as possible. Finally, consult a Houston scaffolding accident lawyer to protect your rights and begin building a strong claim for compensation.
What Types of Compensation Could I Receive After a Scaffolding Accident?
Common forms of compensation include coverage for medical expenses (hospital stays, surgeries, rehabilitation), lost wages, diminished earning capacity, pain and suffering, and more. If the ladder or scaffolding accident results in a fatality, families may pursue wrongful death damages to cover funeral costs, lost financial support, and emotional distress. Your attorney can assess the specifics of your case to determine what damages apply.
Can I Sue My Employer for a Scaffolding Accident?
If your employer carries workers’ compensation insurance, you typically cannot sue them directly for on-the-job injuries. However, there are exceptions, such as gross negligence or instances where a third party (e.g., equipment manufacturer or property owner) shares responsibility for the accident. A qualified attorney can help you explore all available legal avenues, including potential third-party claims.
How Long Do I Have to File an Oil Rig Explosion Claim in Louisiana Waters?
Most offshore injury cases that arise in the Gulf of Mexico fall under federal maritime statutes such as the Jones Act or the Outer Continental Shelf Lands Act (OCSLA). These laws generally give injured workers three years from the date of the accident to file suit—longer than Louisiana’s standard one‑year personal injury deadline. Because determining which statute applies can be complicated, contact a Louisiana oil rig explosion lawyer as soon as possible to preserve evidence and avoid missing critical filing dates.
Can I Recover Damages if I’m Classified as an “Independent Contractor” on the Rig?
Even if your employer labels you an independent contractor, you may still have a viable claim under OCSLA, general maritime law, or traditional negligence principles. Courts look at the reality of your work—control, supervision, and the nature of your tasks—rather than just a job title. A seasoned Baton Rouge oil rig explosion attorney can examine your employment status and pursue compensation from all responsible parties, including rig owners, operators, and third‑party contractors.
What Types of Compensation Are Available After a Gulf of Mexico Rig Explosion?
Victims may recover medical expenses, future rehabilitation costs, lost wages, diminished earning capacity, pain and suffering, and—when applicable—punitive damages for reckless corporate conduct. If the explosion is fatal, surviving family members can seek wrongful death damages for funeral costs, loss of financial support, and loss of companionship. Your attorney can identify every category of damages you’re entitled to and fight for the maximum recovery.
Do I Have a Claim Under the Jones Act, OCSLA, or Both?
If you spend at least 30% of your work time on a vessel “in navigation,” you may qualify as a Jones Act seaman. Workers stationed on fixed platforms or rigs attached to the seabed usually fall under OCSLA. Sometimes, hybrid duties allow you to pursue claims under both statutes. A knowledgeable oil rig explosion lawyer in Louisiana can analyze your job duties, pay records, and time offshore to choose the strategy that delivers the greatest benefits.
Can Family Members Sue If a Loved One Is Killed in an Offshore Explosion?
Spouses, children, and dependent parents may file wrongful death or survival actions under the Jones Act, OCSLA, or maritime law. These claims can cover funeral expenses, loss of future earnings, and the profound emotional loss suffered by the family. Because multiple statutes and defendants often apply, hiring an experienced oil‑rig explosion lawyer in Louisiana is essential for securing full compensation and holding every negligent party accountable.
What Should I Do After a Maritime Accident?
After a maritime accident, it is crucial to prioritize your health and safety first. Seek immediate medical attention, even if injuries appear minor, as their full extent might not be immediately evident. Next, report the incident to your supervisor or the appropriate authorities to ensure it's documented. Collect as much information as possible about the accident, including photographs, witness details, and equipment involved. It's also important to contact a maritime attorney experienced in admiralty law to understand your rights and potential compensation. Legal representation will help navigate complex laws like the Jones Act and secure the necessary evidence to build a strong claim.
What Types of Compensation Are Available in a Maritime Injury Claim?
Compensation in a maritime injury claim can vary based on the circumstances surrounding the incident and the applicable laws, including maintenance and cure under general maritime law and additional damages under the Jones Act. Potential recoveries include medical expenses, future medical needs, lost wages, and loss of earning capacity. Pain and suffering, mental anguish, and disfigurement or disability compensation can also be pursued. An experienced maritime attorney can assess your case to determine the best approach for obtaining the maximum possible recovery.
How Is Liability Determined in Maritime Accidents?
Liability in maritime accidents is determined by examining the negligence or fault of the involved parties. Factors assessed include whether safety standards were breached, equipment maintenance was neglected, or operational errors occurred. The Jones Act plays a significant role in these determinations for injured seamen by providing avenues for proving employer negligence. Additionally, shipping companies are responsible for ensuring the seaworthiness of their vessels, and any failure in maintaining this standard can result in liability. A comprehensive investigation, often involving maritime specialists, is essential in establishing negligence or unseaworthiness as the cause of the accident.
What Maritime Law Covers the Loss of a Loved One At Sea?
Under the Death on the High Seas Act (DOHSA), family members of maritime workers who die in international waters due to negligence or unseaworthiness can file a claim. This act provides for the recovery of pecuniary losses suffered due to the wrongful death of a loved one, typically covering funeral expenses, loss of support, and services. Emotional damages are usually not recoverable under DOHSA. Consulting with a knowledgeable Louisiana maritime attorney is crucial to understanding the scope of compensation available and for navigating these complex legal processes effectively.
What Should I Do If I’m Injured in a Train or Monorail Accident?
If you’re hurt in a train, railroad, or monorail accident, the most important thing is to seek medical attention right away—even if your injuries seem minor at first. Some serious injuries, like internal trauma or brain injuries, may not show symptoms immediately. Once you’re safe, try to document everything you can: take photos, collect witness information, and keep records of any medical treatment you receive. If possible, avoid giving detailed statements to insurance adjusters or company representatives before speaking with an experienced Las Vegas train accident lawyer. Quick settlements often offer far less than victims truly need. A skilled attorney can help you understand your rights, launch an immediate investigation, and fight for full compensation to cover your injuries and long-term care.
Who Can Be Held Liable for a Train Accident in Las Vegas?
Liability in a train or railroad accident depends on the circumstances, but multiple parties may be responsible. Freight carriers like Union Pacific, monorail operators, train maintenance contractors, equipment manufacturers, and even government agencies overseeing crossings could be held accountable. If a crash occurred because of track defects, signal malfunctions, operator negligence, or mechanical failure, we thoroughly investigate to identify every liable party. Determining fault is crucial because multiple insurance policies may apply, and full compensation often requires pursuing claims against several defendants. Our Las Vegas train accident lawyers move quickly to secure black box data, maintenance records, and other vital evidence before it disappears.
Are Train Accidents Common in Nevada?
While train accidents are less common than car crashes, they still occur far too often—especially given the severity of injuries they cause. Nevada sees regular freight activity, passenger rail traffic, and monorail use, particularly in and around Las Vegas. According to Federal Railroad Administration (FRA) data, the state reports dozens of train incidents each year, many of them involving hazardous material spills, crossing accidents, and derailments. Las Vegas also relies heavily on the Monorail for tourist transportation, and mechanical failures or accidents can happen there too. Every rail system—whether freight or passenger—requires strict maintenance and careful operation to keep the public safe. When companies fail in those responsibilities, lives are put at risk.
Can I File a Claim If I Was a Passenger on a Train?
As a passenger, you have the right to expect a safe journey. Train operators and maintenance crews all owe passengers a legal duty of care. If you’re injured because of negligence—whether due to an accident, sudden braking, derailment, or other safety failures—you can pursue a personal injury claim for medical expenses, lost income, future care costs, pain and suffering, and more. Even if you signed a waiver (such as when boarding a tour train or specialty rail service), that often does not prevent you from seeking compensation for negligence. Our team at Arnold & Itkin can review your case for free and help you understand all of your options after a train injury.
Can I File a Claim If I Was a Passenger on a Train?
As a passenger, you have the right to expect a safe journey. Train operators and maintenance crews all owe passengers a legal duty of care. If you’re injured because of negligence—whether due to an accident, sudden braking, derailment, or other safety failures—you can pursue a personal injury claim for medical expenses, lost income, future care costs, pain and suffering, and more. Even if you signed a waiver (such as when boarding a tour train or specialty rail service), that often does not prevent you from seeking compensation for negligence. Our team at Arnold & Itkin can review your case for free and help you understand all of your options after a train injury.
What Compensation Is Available for Train Accident Victims?
Victims of train accidents are often entitled to substantial compensation because the injuries involved are typically severe and life-changing. Recoverable damages can include emergency medical costs, surgeries, rehabilitation, long-term care, and modifications to your home if necessary. Victims can also recover compensation for lost wages, reduced earning capacity, physical pain, emotional trauma, and loss of enjoyment of life. In cases where a company’s actions were especially reckless, punitive damages may be available to punish the wrongdoer. If a loved one tragically lost their life, wrongful death damages may also apply. Our Las Vegas railroad accident lawyers work to calculate the full, long-term value of every case—because this is your chance to recover what you need for your future.
How Long Do I Have to File a Lawsuit After a Train Accident in Nevada?
In Nevada, the statute of limitations for personal injury claims, including train and railroad accidents, is generally two years from the date of the incident. This means you have two years to file a lawsuit, or you risk losing your right to pursue compensation altogether. However, if a government entity is involved, such as in a claim against the Las Vegas Monorail Company or a public transit agency, different notice requirements and shorter deadlines may apply. Because evidence like maintenance records, video footage, and eyewitness memories can fade quickly, it’s critical to speak with an experienced attorney as soon as possible. At Arnold & Itkin, we act immediately to preserve crucial evidence and protect your right to maximum compensation.
How Are Motorcycle Accidents Different from Car Accidents?
Motorcycle accidents often result in far more severe injuries than car accidents because riders lack the protection of an enclosed vehicle. Even a low-speed collision can cause devastating harm when a motorcyclist is thrown from their bike. In Las Vegas, busy intersections, distracted drivers, and high tourist traffic all increase the risks motorcyclists face. Legally, motorcycle accidents can also involve different issues, like bias against riders and the need for specialized medical evidence to fully document long-term injuries. Insurance companies know these cases can be costly and often fight harder to minimize payouts. That’s why having a legal team experienced in motorcycle accident litigation—like Arnold & Itkin—can make a major difference in the outcome of your case.
What if I Wasn’t Wearing a Helmet?
Even if you weren’t wearing a helmet at the time of the accident, you may still be entitled to compensation. Nevada law requires motorcyclists to wear helmets, but failure to do so doesn’t automatically prevent you from pursuing a claim. It’s critical to work with an experienced Las Vegas motorcycle accident lawyer who can fight back against unfair blame tactics and work to prove who was at fault.
What Compensation Can I Recover After a Motorcycle Accident?
Motorcycle accident victims may be entitled to significant compensation under Nevada law. You can seek damages for immediate medical expenses like emergency care, surgery, and hospitalization, as well as long-term costs like rehabilitation, therapy, and in-home care. Lost wages and reduced earning ability are also major factors in most claims. Additionally, you may recover for pain and suffering, emotional distress, disfigurement, and loss of enjoyment of life. In tragic cases involving wrongful death, families can seek compensation for funeral expenses and the loss of their loved one’s financial and emotional support. Our Las Vegas motorcycle accident attorneys work closely with doctors, economists, and life-care planners to ensure every future need is fully documented and compensated.
How Long Do I Have to File a Motorcycle Accident Lawsuit in Nevada?
In Nevada, you generally have two years from the date of the motorcycle accident to file a personal injury lawsuit. This deadline is called the statute of limitations. If you fail to file within that timeframe, you could lose your right to pursue compensation altogether. However, the sooner you get an attorney involved, the better. Evidence can disappear quickly: crash debris gets cleared, witnesses' memories fade, and critical surveillance footage may be lost. Acting quickly gives your attorney the best chance to build a strong case for you. At Arnold & Itkin, we move immediately to preserve evidence and protect your right to recover the full amount you need for medical bills, lost income, pain and suffering, and other damages.
Who Is Usually at Fault for Motorcycle Accidents?
While some people assume motorcyclists are the reckless ones, the truth is that many motorcycle accidents are caused by other motorists. Drivers often fail to see motorcycles, misjudge their speed, or violate their right-of-way at intersections. Distracted driving, unsafe lane changes, drunk driving, and speeding are all common causes of motorcycle crashes. In Las Vegas especially, heavy traffic, tourists unfamiliar with local roads, and late-night congestion can increase risks for riders. Our firm knows that thorough investigations are key to uncovering the truth. By reviewing surveillance footage, police reports, witness statements, and crash reconstructions, we work to hold negligent drivers fully accountable when their actions endanger motorcycle riders.
What Are the Most Dangerous Intersections for Car Accidents in Las Vegas?
Some of the highest-risk intersections in the Las Vegas area include Flamingo and Maryland Parkway, Sahara Avenue and Decatur Boulevard, Tropicana Avenue near the Strip, and areas along U.S. 95 and I-15. These corridors combine heavy local traffic, tourists unfamiliar with the roads, and frequent construction zones—all contributing to serious crashes.
Do I Need a Lawyer for a Las Vegas Car Accident?
If your accident involved serious injuries, disputed liability, a hit-and-run driver, or an insurance company that’s trying to undervalue your claim, you absolutely need a Las Vegas car accident lawyer. Without legal help, you risk accepting a settlement far less than what you’ll need for medical bills, lost wages, and future care.
What If I Was Hit by a Rideshare Driver Like Uber or Lyft in Las Vegas?
Accidents involving Uber and Lyft drivers can be complex, depending on whether the driver was logged into the app or carrying a passenger at the time of the crash. Different insurance policies apply at different times. Our Las Vegas car accident attorneys understand the nuances of rideshare claims and know how to seek answers and accountability.
What Compensation Can I Recover After a Las Vegas Car Crash?
You may be able to recover damages for medical expenses, lost income, loss of future earning ability, pain and suffering, emotional distress, property damage, and—in cases of extreme negligence—punitive damages. If a loved one passed away, wrongful death damages are also available.
How Long Do I Have to File a Car Accident Claim in Nevada?
You generally have two years from the date of the crash to file a personal injury lawsuit in Nevada. Waiting too long could jeopardize your ability to recover compensation, especially if critical evidence disappears. It’s best to contact a Las Vegas car accident lawyer as soon as possible after your collision.
How Are Tour Bus & RTC Bus Accidents Different?
While injuries can be catastrophic in either type of accident, cases involving public entities like the RTC may involve different legal hurdles, such as caps on damages or special procedural requirements. Tour bus companies, on the other hand, are private businesses and may carry larger insurance policies. Arnold & Itkin’s experience on both sides ensures we’re prepared for whatever challenges your case brings.
What Compensation Can I Recover After a Las Vegas Bus Accident?
You may be entitled to recover medical expenses, lost wages, pain and suffering, ongoing care costs, and more. In cases involving wrongful death, families may also pursue compensation for funeral expenses, loss of companionship, and future lost earnings. Our Las Vegas bus accident attorneys fight to maximize every dollar our clients deserve.
How Long Do I Have to File a Bus Accident Lawsuit in Nevada?
In most cases, Nevada law gives you two years from the date of the accident to file a personal injury lawsuit. However, if a government entity like RTC is involved, you may face shorter deadlines and special notice requirements. It's critical to act quickly to protect your right to compensation.
Are Bus Drivers Held to a Higher Safety Standard?
Bus drivers are considered "common carriers" under Nevada law, meaning they owe passengers the highest duty of care. They must exercise extreme caution when operating their vehicles and ensuring passenger safety. When they fail in that duty—through speeding, distraction, fatigue, or other negligence—their employers can also be held responsible.
What Should I Do If I Was Injured in a Las Vegas Bus Accident?
First, seek immediate medical attention, even if you feel fine—some injuries aren't immediately obvious. Then, report the incident to the bus company or operator if you haven't already. It's crucial to document everything: take photos, get witness contact information, and preserve any tickets or receipts. Before speaking to insurance companies or signing anything, contact a Las Vegas bus accident attorney who can protect your rights and fight for full compensation.
What Makes Oilfield Truck Accidents More Dangerous Than Typical Trucking Crashes?
Oilfield truck accidents are often more dangerous because they involve large, specialized vehicles hauling hazardous materials on poorly maintained or unpaved roads. Drivers may be overworked, undertrained, or operating outdated equipment under extreme pressure to meet deadlines. When these factors combine, the result is often catastrophic—especially for workers at well sites or other motorists sharing the road.
Who Can Be Held Responsible for an Oilfield Truck Accident in Texas?
Responsibility for oilfield truck accidents may fall on multiple parties, including the truck driver, their employer, the oil company overseeing the operation, maintenance contractors, or even vehicle manufacturers. If poor scheduling, lack of training, equipment failure, or pressure to violate hours-of-service laws contributed to the crash, each of those issues could expose a company to liability.
What Kinds of Injuries Are Common in Oilfield Truck Accidents?
Due to the size and weight of oilfield trucks, injuries are often severe. Victims may suffer traumatic brain injuries, spinal cord damage, burns from chemical spills or fires, multiple fractures, or crush injuries. In many cases, these injuries are fatal. Even survivors often face permanent disabilities and years of recovery.
Can Non-Workers File Claims After Oilfield Truck Accidents?
If you were a motorist or pedestrian injured in a crash involving an oilfield truck, you may have grounds to file a personal injury lawsuit against the trucking company or oilfield operator. These cases fall under general negligence or wrongful death laws, and our Houston truck accident lawyers are highly experienced in pursuing compensation for families harmed by industrial trucking operations.
What Evidence Is Important in an Oilfield Truck Accident Case?
Key evidence includes electronic logging device (ELD) data, vehicle maintenance logs, dashcam footage, cargo manifests, driver training records, and any safety audits performed prior to the crash. Our team acts quickly to preserve and analyze this evidence, working with investigators and experts to build the strongest case possible.
How Long Do I Have to File a Personal Injury Claim in New Mexico?
You generally have three years from the date of injury to file a personal injury lawsuit in New Mexico. However, wrongful death claims must be filed within two years. Medical malpractice claims also carry a three-year deadline, but additional complexities may apply, such as the discovery rule or claims involving minors. Missing these deadlines can result in your case being dismissed, so it’s critical to contact an attorney as soon as possible.
What Types of Compensation Can I Recover in a Personal Injury Case?
New Mexico law allows injury victims to recover both economic and non-economic damages. These may include medical expenses, lost wages, future earning capacity, pain and suffering, emotional distress, and—in cases of gross negligence—punitive damages. If a permanent disability or catastrophic injury is involved, compensation may also include lifelong care costs, home modifications, or vocational retraining.
Do I Still Have a Case If I Was Partially at Fault?
New Mexico follows a “pure comparative fault” rule, which means you can still recover damages even if you were partially responsible for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you were found 20% at fault and awarded $100,000, you would receive $80,000. This makes it all the more important to work with a firm that knows how to minimize your liability and maximize your recovery.
Why Should I Hire a Trial Lawyer?
Trial lawyers prepare every case for court, which increases your leverage during negotiations. Settlement-only firms often accept low offers to avoid litigation, leaving injured people with less than they deserve. At Arnold & Itkin, we’ve secured record-breaking verdicts and settlements by treating every case like it’s headed to the courtroom. That pressure forces companies and insurers to pay what our clients are truly owed—no matter what.
What Should I Do Immediately After an Accident?
Seek medical attention—even if your injuries seem minor at first. Document the scene if you’re able: take photos, gather witness information, and file an official report with the police or property owner. Then, contact a New Mexico personal injury lawyer as soon as possible. Avoid speaking with insurance adjusters until you’ve secured legal representation—they’re trained to minimize payouts, not protect your rights.
Are There Damage Caps in New Mexico Personal Injury Cases?
In most personal injury cases against private individuals or businesses in New Mexico, there are no caps on the amount of damages you can recover. However, if your claim involves a government agency—such as the city of Albuquerque or the state of New Mexico—there are strict caps on damages under the New Mexico Tort Claims Act. For example, the total liability of a government entity is typically limited to $750,000 per occurrence. There is also no provision for punitive damages in these cases. Understanding whether your case involves a public or private defendant is critical to evaluating its full value.
How Do Personal Injury Laws Apply to Oilfield Accidents in Southeastern New Mexico?
With a large portion of the Permian Basin located in southeastern New Mexico, oilfield work is common—and so are serious accidents. When oilfield workers are injured due to unsafe equipment, employer negligence, or contractor errors, they may have grounds for a claim or lawsuit. These cases can be especially complex due to overlapping state and federal regulations, including OSHA and industry-specific safety standards. Our New Mexico personal injury lawyers have the skill and resources to navigate investigating and litigating accidents in places like Carlsbad, Hobbs, and Artesia.
What Should I Do If I Was Burned at Work in San Antonio?
If you suffer a burn injury on the job, report the incident immediately, seek medical attention, and document the scene if possible. Texas does not require all employers to carry workers' compensation, so it’s important to contact an attorney who can help determine if you have grounds for a personal injury or third-party liability claim. Our San Antonio burn injury lawyers can help you explore every legal option for compensation.
How Long Do I Have to File a Burn Injury Claim in Texas?
In Texas, the statute of limitations for personal injury claims is generally two years from the date of the injury. Missing this deadline can prevent you from recovering any compensation, although there are exceptions depending on the age of the victim and other factors. There are also sometimes shorter deadlines and additional requirements for filing against a government entity. Contacting a lawyer early ensures your rights are protected.
What Types of Compensation Are Available After a Burn Injury?
Victims of burn injuries may be entitled to compensation for medical expenses, lost income, pain and suffering, and long-term care needs. In catastrophic cases, damages may include home modifications, psychological counseling, and loss of future earning capacity. If negligence was especially egregious, punitive damages may also apply. In speaking with a local burn injury attorney in San Antonio, you can get insight into the types of compensation and what your case may be worth.
What If a Loved One Died from Their Burn Injuries?
If someone you love died from a severe burn, you may have the right to file a wrongful death claim in Texas. This type of lawsuit can provide compensation for funeral costs, loss of companionship, and the emotional and financial toll their death caused. Our team at Arnold & Itkin is here to help San Antonio families through these difficult times.
How Much Is My San Antonio Burn Injury Case Worth?
Every case is different. The value of your claim depends on factors like the severity of your injury, the cost of medical care, the impact on your ability to work, and the emotional trauma you’ve experienced. We offer free consultations where we’ll evaluate your case and explain your options for seeking the compensation you deserve.
What Should I Do After a Construction Accident in San Antonio?
After a construction accident, your safety comes first—get immediate medical attention, even if your injuries seem minor. Then, report the incident to your supervisor or site manager in writing. Document the scene if possible, including photos of any hazards, equipment, or conditions that contributed to the accident. If witnesses were present, get their names and contact information. Finally, contact a San Antonio construction accident attorney as soon as possible. Taking early legal action can help preserve crucial evidence and protect your right to full compensation.
Can I Sue My Employer for a Construction Site Injury in Texas?
Possibly—Texas is the only state that doesn’t require employers to carry workers’ compensation insurance. If your employer has opted out of the state system, you may be able to file a personal injury lawsuit directly against them for negligence. Even if they do carry workers’ comp, you could have a valid third-party claim if another company or individual was partially responsible for the accident. These claims often result in significantly higher compensation than workers’ comp alone. A qualified construction injury lawyer can help determine the best course of action based on your situation.
Who Can Be Held Liable for a Construction Accident in San Antonio?
Depending on the circumstances, several parties may be held responsible for a serious construction injury. This can include your employer, a subcontractor, general contractor, property owner, equipment manufacturer, or even a third-party vendor. For example, if a scaffolding company failed to install support properly, they may be liable for a collapse. Our attorneys investigate all angles to identify every party that contributed to your injury, maximizing your potential recovery.
How Long Do I Have to File a Construction Injury Claim in Texas?
In Texas, the statute of limitations for most personal injury claims—including construction accident lawsuits—is two years from the date of the injury. However, it's important not to wait. Construction sites change quickly, and key evidence can be lost or destroyed if you delay. The sooner you speak with a San Antonio construction accident attorney, the better your chances of building a strong, successful claim.
What Compensation Can I Recover After a Construction Accident?
If you were injured in a construction accident, you may be entitled to compensation for medical expenses, lost wages, loss of future earning capacity, pain and suffering, emotional distress, and long-term disability or disfigurement. In some cases, you may also pursue punitive damages if the conduct that led to your injury was especially reckless. Our San Antonio construction accident lawyers fight for the full value of our clients' claims—because they deserve nothing less.
Are Roadway Construction Workers in San Antonio Eligible for Legal Protection After an Injury?
Roadway construction crews in San Antonio face extreme dangers, from heavy machinery and hazardous materials to reckless drivers speeding through work zones. Injured workers may be eligible to pursue claims against negligent motorists, contractors, or equipment manufacturers—especially if the employer failed to implement proper safety protocols. Whether you’re a TxDOT contractor or working on a local infrastructure project, you have legal rights. Our team is here to protect them.
What Should I Do Immediately After a Work Accident in San Antonio?
If you’ve been hurt at work, your first priority is your health—seek medical attention right away. Next, report the incident to your supervisor as soon as possible, preferably in writing. Document what happened, including where, when, and how the accident occurred, and collect witness names if possible. Even if your employer discourages it, you have the right to consult with a lawyer. This is especially important if your injuries are serious or if you suspect safety violations were involved.
Can I Sue My Employer for a Workplace Injury in Texas?
Unlike most states, Texas does not require private employers to carry workers' compensation insurance. If your employer is a non-subscriber, you may be able to file a personal injury lawsuit for negligence. Even if your employer does have workers’ comp, you may still be able to pursue a third-party claim against contractors, equipment manufacturers, or property owners who contributed to your injury. Speaking with an experienced San Antonio work injury lawyer is the best way to explore your legal options.
What Types of Compensation Can I Recover After a Work Accident?
Depending on the circumstances of your case, you may be entitled to compensation for medical expenses, lost wages, future earning capacity, and pain and suffering. If your injury resulted in permanent disability or disfigurement, additional damages may apply. In some cases, punitive damages are available to punish gross negligence. Our firm focuses on helping injured workers in Texas pursue the maximum value of their claims, especially when workers' compensation is not available or is insufficient.
What if I Was Injured on a Construction or Industrial Site in San Antonio?
Construction and industrial sites in San Antonio—like those in the oil, manufacturing, or warehousing sectors—are especially hazardous. These workplaces often involve multiple contractors, heavy equipment, and strict timelines, creating conditions ripe for serious accidents. If you were hurt in one of these environments, multiple parties could share responsibility. Our legal team has extensive experience holding contractors, subcontractors, and site owners accountable for dangerous conditions that lead to catastrophic on-the-job injuries.
How Long Do I Have to File a Work Injury Lawsuit in San Antonio?
In Texas, the statute of limitations for most personal injury claims, including work injuries, is two years from the date of the accident. However, certain factors—like when your injury was discovered or the identity of the defendant—can affect your timeline. Because legal deadlines are strict and missing them can bar you from recovering anything, it’s important to speak with an attorney as soon as possible.
What Should I Do After an Oilfield Accident in San Antonio?
If you've been hurt, seek medical attention immediately—even if your injuries seem minor. Then, report the accident to your supervisor in writing and request a copy for your records. Do not give recorded statements or sign anything from the company or insurer until you speak with an attorney. Evidence can disappear quickly on an oilfield, so it’s critical to contact a San Antonio oilfield accident lawyer right away. Our team moves fast to secure evidence, interview witnesses, and hold companies accountable before they can shift the blame or cover up negligence.
Who Can Be Held Liable for an Oilfield Accident?
Liability may rest with multiple parties. This could include your employer, a site owner, a subcontractor, or an equipment manufacturer—especially if faulty machinery, unsafe conditions, or inadequate training caused your injury. Third-party claims are often more powerful than workers' comp and allow for full recovery, including pain and suffering. Our San Antonio oilfield accident attorneys can investigate every angle to identify all responsible parties and maximize your recovery.
Does Workers' Compensation Cover Oilfield Injuries in Texas?
Texas doesn’t require employers to carry workers’ compensation insurance, meaning many oilfield companies opt out. If your employer doesn’t carry coverage—or if a third party caused your injuries—you may be entitled to file a personal injury lawsuit instead. Lawsuits often result in significantly higher compensation than workers’ comp alone. We can help you understand your rights, determine whether your employer carries coverage, and explore all legal options for compensation.
What Types of Compensation Can I Recover?
Oilfield accident survivors may be entitled to compensation for medical bills, rehabilitation, lost wages, future earning potential, pain and suffering, mental anguish, and more. If a company’s reckless behavior caused a death or catastrophic injury, we may also seek punitive damages. We don’t settle for lowball offers—our job is to fight for the full value of what you’ve lost and what you’ll need to rebuild your life.
How Long Do I Have to File an Oilfield Injury Claim in Texas?
In Texas, the statute of limitations for personal injury cases is typically two years from the date of the accident. However, waiting can weaken your claim, especially if crucial evidence is lost or if the company begins an internal investigation without your representation. Contacting a local oilfield injury lawyer in San Antonio immediately gives you the best chance of recovering everything you’re entitled to.
What If I Lost a Loved One in an Oilfield Accident?
You may be eligible to file a wrongful death lawsuit if your family member was killed in an oilfield accident due to negligence. Surviving spouses, children, or parents can pursue compensation for funeral expenses, lost future income, and the emotional pain of their loss. At Arnold & Itkin, we’ve helped families across Texas secure justice in the wake of unthinkable tragedy—and we’re here to do the same for you.
How Long Do I Have to File a Wrongful Death Claim in Texas?
In most cases, you have two years from the date of your loved one’s death to file a wrongful death lawsuit in Texas. However, there are rare exceptions that could extend or shorten this deadline—especially in cases involving government entities, workplace deaths, or delayed discovery of fault. Missing this deadline could permanently bar your right to recover damages. That’s why it’s critical to speak with a San Antonio wrongful death lawyer as soon as possible. At Arnold & Itkin, we act quickly to preserve evidence, notify all liable parties, and ensure your case is filed within the legal window. We don’t leave anything to chance when your future is on the line.
Who Can File a Wrongful Death Lawsuit in San Antonio?
Under the Texas Wrongful Death Act, the right to file a wrongful death lawsuit is limited to specific family members: the surviving spouse, children (including adopted), and parents of the deceased. If these parties do not file within three months, the executor or administrator of the estate may pursue the claim unless requested not to. In San Antonio, these cases are typically filed in Bexar County courts, and knowing the local legal landscape is crucial. At Arnold & Itkin, we guide families through every step, ensuring the right party files the claim, the case is properly structured, and no deadline is missed. Our team is here to fight for what your family deserves.
What Is Considered Wrongful Death Under Texas Law?
In Texas, a death is considered “wrongful” if it was caused by another party’s negligence, recklessness, carelessness, or intentional act. This can include everything from car crashes and industrial accidents to medical malpractice or defective products. Wrongful death claims are civil lawsuits, separate from any criminal charges that may be filed. The purpose is to seek justice in the form of financial compensation for the surviving family. At Arnold & Itkin, we help families throughout San Antonio hold companies, employers, and individuals accountable when preventable tragedies occur. If your loved one should still be here today, we can fight to make sure the responsible party is held fully accountable—no matter what.
What Makes Arnold & Itkin Different From Other San Antonio Wrongful Death Law Firms?
At Arnold & Itkin, we don’t just handle cases—we change lives. We’ve recovered more than $20 billion for families in Texas and across the country, including record-setting wrongful death verdicts. Our team prepares every case for trial from day one, knowing it’s the only way to pressure insurance companies and corporate defendants into offering the compensation our clients deserve. We’ve held oil companies, trucking giants, and manufacturers accountable—and we’ve won when no one else could. When your future depends on the outcome of a case, you need a firm that’s been tested at the highest level. Families in San Antonio and beyond turn to us when it matters most.
What Damages Can Be Recovered in a San Antonio Wrongful Death Case?
Wrongful death claims allow surviving family members to recover both economic and non-economic damages. These may include lost income and benefits the deceased would have provided, funeral and burial costs, medical expenses prior to death, loss of companionship, and mental anguish. In rare cases, punitive damages may also be awarded to punish especially reckless behavior. At Arnold & Itkin, we work with financial experts to assess the long-term financial impact of your loss—ensuring nothing is left on the table. We’ve recovered billions for grieving families across Texas and nationwide and can fight to recover everything your family needs to rebuild after an unimaginable loss.
What Should I Do If I’m Injured on a Cruise Ship That Left Louisiana?
If you were injured while on a cruise ship departing from New Orleans, Baton Rouge, or any Louisiana port, it’s critical to act fast. First, report your injury to onboard medical staff and security. Insist on a written incident report and request a copy. Photograph the scene before crew members clean it up. Document witness names, cabin numbers, and staff involved. If possible, get medical care at the next port of call or once back onshore.
Then, call a Louisiana cruise ship accident attorney. Cruise lines often impose short deadlines (sometimes just six months) and restrict where you can file suit. You’ll need a legal team that understands maritime law and isn’t afraid to take on powerful cruise companies. At Arnold & Itkin, we’ve helped passengers and crew nationwide win record-setting results after serious onboard accidents.
Can I File a Lawsuit If I Was Injured on a River Cruise in Louisiana?
If you were hurt on a Louisiana river cruise—whether on the Mississippi, Red River, or another inland waterway—you may have the right to file a personal injury lawsuit. These cases differ from international ocean cruises in that they often fall under U.S. maritime or state negligence laws, depending on the vessel’s route and ownership. Common causes of injury include falls on narrow decks, mechanical failures, and poor emergency protocols. River cruises can also carry elderly passengers, increasing the stakes when safety is compromised. A Baton Rouge cruise injury lawyer can help you determine who’s liable: the operator, the vessel owner, or a third-party contractor.
Arnold & Itkin has experience with both ocean and inland cruise claims—and we’re ready to demand answers and full compensation on your behalf.
Do I Still Have a Case If I Signed a Cruise Contract or Waiver?
Many passengers don’t realize that cruise line waivers and contracts don’t shield companies from liability for negligence, unsafe conditions, or assault. These documents often include fine print about venue selection, short claim deadlines, or arbitration clauses, but they can’t legally protect the cruise line if it acted recklessly or failed to provide a safe environment. Courts routinely enforce a passenger’s right to pursue a claim for injuries, especially in cases involving serious harm, sexual assault, or wrongful death. However, time is not on your side. Some cruise contracts require formal notice within 180 days of the incident and limit where lawsuits can be filed. That’s why it’s essential to speak with a Baton Rouge cruise injury lawyer who knows how to navigate these contracts—and fight back.
Who Can Be Held Liable for a Cruise Ship Injury or Assault?
Liability for cruise ship injuries or assaults depends on the circumstances, but cruise companies are often legally responsible for the actions—or inaction—of their staff. That includes negligent hiring, failure to provide adequate security, ignoring maintenance issues, or overlooking past misconduct. For example, if a crew member assaults a passenger and had prior complaints against them, the cruise line may be liable for negligent supervision or retention. If you slipped due to a wet deck with no warning signs, the operator may be accountable under premises liability laws. In both cases, your attorney must prove that the company knew or should have known about the danger and failed to act. A skilled Louisiana cruise ship accident lawyer can investigate records, locate witnesses, and build a case to hold the right party accountable.
What Compensation Is Available After a Cruise Ship Injury?
Injured cruise ship passengers and crew members may be entitled to compensation for medical bills, lost wages, pain and suffering, future care needs, and emotional distress. If the cruise line’s conduct was especially reckless—such as failing to respond to repeated sexual assault complaints—punitive damages may also apply. In cases involving crew members, additional protections may exist under the Jones Act or general maritime law, including maintenance and cure. At Arnold & Itkin, our Louisiana cruise ship accident attorneys fight for full, life-changing results—not quick settlements that leave you struggling. We work with medical experts, maritime investigators, and industry professionals to prove what happened and what it’s going to take to rebuild your life. If the cruise line failed you, we’ll fight to make sure they’re held accountable.
What Should I Do After an Oil Rig Injury in New Mexico?
After an oilfield injury in New Mexico, your first step should be to report the incident to your supervisor and seek immediate medical care—even if the injury seems minor at first. Make sure a formal incident report is filed, and try to get a copy for your records. If possible, document the scene with photos and gather names of witnesses or crew members involved. Don’t sign any waivers or accept quick settlements before speaking to a qualified New Mexico oil rig accident lawyer. The oil and gas company’s priority is protecting itself—not your future. At Arnold & Itkin, we step in early to preserve evidence, secure your rights, and seek full and fair compensation for everything you’ve lost.
What Is the New Mexico Anti-Indemnity Oilfield Act?
The New Mexico Anti-Indemnity Oilfield Act prevents companies from using contract language to shift liability for oilfield accidents to others. In plain terms, it stops large oil producers and operators from forcing subcontractors, vendors, or workers to take the fall when something goes wrong. This law was created to promote fairness and accountability in a notoriously dangerous industry. It applies to drilling, well servicing, fracking, and related operations throughout New Mexico. If you’re an injured oilfield worker and a company is trying to deny fault by pointing to a contract or agreement, that’s a red flag. Our New Mexico oil rig accident lawyers understand how this law works—and how to use it to hold the right parties accountable.
How Long Do I Have to File a Claim for an Oilfield Injury in New Mexico?
Under New Mexico law, you generally have three years from the date of your oilfield injury to file a personal injury lawsuit. However, that timeline can be shorter or more complex depending on the circumstances of the case—especially if a government entity or subcontractor is involved. In addition, evidence at oil sites can be destroyed quickly, and eyewitnesses can be hard to track down if you wait too long. The sooner you contact a New Mexico oil rig injury attorney, the better your chances of protecting your rights and building a strong case. At Arnold & Itkin, we act fast to preserve evidence, launch investigations, and fight to get our clients everything they’re owed.
Are Oilfield Workers in New Mexico Covered by Workers’ Compensation?
New Mexico’s workers’ compensation system covers many oilfield employees, but not everyone working on or around rigs qualifies. Independent contractors, subcontractors, and certain “leased” or third-party workers may fall outside the system entirely. Even when workers’ comp applies, it usually doesn’t cover the full scope of damages, like pain and suffering or long-term disability. That’s why it’s critical to speak with a New Mexico oil rig injury attorney who can evaluate whether you also have grounds for a personal injury lawsuit. If another company’s negligence caused your accident—like faulty equipment, unsafe drilling procedures, or lack of training—you could be entitled to significantly more than workers’ comp offers.
Where Do Most Oil Rig Accidents Happen in New Mexico?
Oil rig accidents most often occur in New Mexico’s southeastern counties, especially in the Permian Basin region around Eddy and Lea counties. Cities like Carlsbad, Hobbs, Artesia, and the surrounding rural areas see the highest concentration of drilling activity—and with it, the highest rates of serious and fatal oil rig injuries. Accidents also happen in and around Las Cruces, Roswell, and even near the Albuquerque area when pipeline, refinery, or support work is underway. These rigs and job sites are often remote, making it harder for injured workers to get timely emergency care. Arnold & Itkin represents rig workers across the state and has the resources to launch fast, in-depth investigations anywhere an accident occurs.
How Much Time Do I Have to File an Oil Rig Accident Claim in San Antonio?
In Texas, most personal injury claims—including oilfield accident cases—must be filed within two years from the date of injury. This statute of limitations applies to claims involving employer negligence (if they are a nonsubscriber) and third-party liability. However, if your injury occurred offshore or in the Gulf of Mexico, your case may fall under federal maritime laws like the Jones Act or the Outer Continental Shelf Lands Act, which generally allow three years to file a claim. These time limits are strict, and failing to act before the deadline could permanently bar your ability to recover compensation. The best way to ensure you meet the correct deadlines is to contact a San Antonio oil rig injury attorney as soon as possible.
Can I Sue a Manufacturer for Defective Rig Equipment?
Yes. If you were injured on a rig because a piece of equipment failed—whether it was a valve, blowout preventer, crane, pipe, or winch—you may be able to file a product liability lawsuit against the manufacturer. These claims often involve design defects, manufacturing flaws, or a failure to warn about known hazards. In many cases, a defective product plays a significant role in oilfield accidents, especially those involving blowouts, fires, or machinery malfunctions. A successful product liability claim can help you recover compensation for medical bills, lost wages, and future care. Holding manufacturers accountable not only helps you, but it may also force safety improvements that protect other rig workers.
Who Pays for My Medical Bills After a San Antonio Oil Rig Accident?
If your employer carries workers’ compensation, their insurance typically pays for your medical care and a portion of your lost wages. However, many oilfield employers in Texas are nonsubscribers, meaning they don’t provide state-regulated coverage. In those cases, you may be responsible for upfront costs unless you pursue a personal injury claim. If a third party or defective product contributed to your injuries, you may be able to recover all of your past and future medical expenses through a separate lawsuit. An oil rig accident lawyer in San Antonio can help identify every source of liability and ensure your costs are fully covered. Don’t rely on your employer alone to do the right thing.
Can I Get Compensation for Long-Term Disability From an Oil Rig Injury?
Absolutely. If your injuries result in long-term or permanent disability, you have the right to seek compensation that covers more than just immediate expenses. This includes future medical care, rehabilitation, vocational retraining, diminished earning capacity, and compensation for emotional trauma and loss of enjoyment of life. In some cases, you may also qualify for structured settlements that provide consistent payments over time. Severe oil rig injuries can affect every part of your life, from your ability to work to your relationships and mental health. That’s why it’s critical to work with a San Antonio oil rig injury attorney who knows how to calculate and fight for full, long-term compensation.
Do I Have to File a Lawsuit Against My Employer If I Was Injured on a Rig?
In Texas, private employers are not required to carry workers’ compensation insurance. If your oilfield employer does carry workers’ comp, you typically cannot sue them directly for negligence. However, if your employer is a nonsubscriber—meaning they opted out of the state system—you may be able to file a personal injury lawsuit for damages like medical bills, lost wages, and pain and suffering. Additionally, you can pursue claims against any third party that contributed to your injury, such as equipment manufacturers, subcontractors, or service vendors. These types of lawsuits may provide far greater compensation than a standard workers’ comp claim. Speaking with a San Antonio oil rig accident attorney can help you determine your options and protect your rights.
How Are Catastrophic Injury Cases Different?
Catastrophic injury cases in Texas involve more than short-term harm—they require a legal strategy that addresses lifelong consequences. These claims are often higher in value because they consider permanent disability, lost earning capacity, and the cost of ongoing care or assistive technology. Texas law places no cap on economic or non-economic damages in most personal injury cases (excluding medical malpractice), allowing injured individuals to pursue full compensation. Insurance companies and employers will often fight harder to avoid paying these high-value claims. That’s why victims in San Antonio turn to trial lawyers like Arnold & Itkin, who know how to take complex, high-stakes cases to court—and win.
What Qualifies as a Catastrophic Injury?
A catastrophic injury is one that permanently alters the victim’s life—physically, emotionally, or financially. In San Antonio, these injuries often stem from highway crashes, industrial explosions, oilfield incidents, and workplace falls. Catastrophic injuries may include traumatic brain injuries, spinal cord damage, severe burns, amputations, and multiple fractures. Unlike other personal injury claims, these cases involve long-term care, permanent disability, and a lifetime of lost income or career disruption. Our San Antonio catastrophic injury lawyers work to recover the full extent of damages, including future medical expenses, rehabilitation, and loss of quality of life. If your injury has changed the way you live or work, it may qualify as catastrophic—and you deserve answers.
Can I Still File a Lawsuit if the Injury Happened Outside San Antonio but I Live Here?
Yes. Many of our clients live in San Antonio but were catastrophically injured while working in nearby oilfields, offshore rigs, or industrial sites across South Texas. Whether the accident occurred in the Eagle Ford Shale, along the Gulf Coast, or out of state, you may still have the right to file your claim locally, depending on jurisdiction and contractual clauses. Our attorneys evaluate each case to determine the best venue for filing suit. Where you live, where the employer is based, and where the accident occurred all play a role. Arnold & Itkin helps injured San Antonio residents secure justice—no matter where the injury happened.
How Much Is a Catastrophic Injury Case Worth?
The value of a catastrophic injury case depends on the extent of your injuries, how they impact your life, and who is liable. In San Antonio, we’ve handled cases worth millions—covering immediate medical bills, long-term care, lost wages, loss of earning capacity, pain and suffering, and emotional trauma. These cases are often high-dollar because the stakes are so high. You’re not just fighting for compensation—you’re fighting for your future.
Who Can Be Held Responsible?
In catastrophic injury cases, multiple parties may be legally responsible—especially in industries like oil and gas, construction, or transportation. You may be able to file claims against employers, subcontractors, equipment manufacturers, property owners, or third-party drivers, depending on how the injury occurred. In Texas, companies that opt out of workers’ compensation (non-subscribers) can be sued directly for negligence. Additionally, oilfield contractors and equipment providers often share liability for unsafe working conditions. Our job is to identify every entity whose decisions, policies, or equipment failures contributed to your injury. Our local serious injury lawyers in San Antonio build strong cases against all responsible parties so our clients get what they need to recover.
How Long Do I Have to File a Personal Injury Claim in San Antonio?
In San Antonio, you generally have two years from the date of your injury to file a personal injury lawsuit. However, certain cases—such as those involving government entities or minors—may involve shorter or more complex deadlines. It’s critical to speak with a lawyer quickly so you don’t lose your chance to recover compensation. At Arnold & Itkin, we move fast to secure evidence, file claims, and stop companies from escaping liability.
What Compensation Can I Recover in a Personal Injury Case?
Depending on your case, you may be able to recover damages for medical expenses, lost wages, pain and suffering, emotional trauma, disfigurement, and more. If your injuries impact your future earning ability or require long-term care, we also fight for those future costs. In cases of gross negligence, punitive damages may be available. Our injury attorneys in San Antonio push for every dollar our clients deserve—nothing less.
Do I Need a Lawyer for My San Antonio Injury Claim?
Personal injury claims, especially serious ones, are rarely straightforward. Insurance companies and employers have teams of attorneys whose job is to limit what you receive. Hiring a trial-tested lawyer like those at Arnold & Itkin levels the playing field. We investigate what happened, handle negotiations, and take your case to court if needed—always fighting to win.
What If I Was Partially at Fault for the Accident?
Texas follows a modified comparative fault rule. This means you can still recover damages if you were less than 51% responsible for the accident. However, your compensation may be reduced based on your level of fault. Don’t let assumptions about blame stop you from calling a San Antonio personal injury lawyer at our firm. We’ve won massive verdicts even in cases where fault was hotly contested.
Can I Afford to Hire Arnold & Itkin?
Absolutely. We work on a contingency fee basis, which means you pay us nothing upfront—and nothing at all unless we win your case. That allows you to get powerhouse representation without any risk. Our firm has won more than $20 billion for our clients, and we’re ready to do the same for you. When everything’s on the line, you need a team that delivers.
What If I Was Partially at Fault for the Truck Accident?
Texas follows a modified comparative fault rule, which means you can still recover compensation if you were less than 51% at fault for the crash. However, one's recovery may be reduced by their percentage of fault. Trucking companies love to shift blame onto injured victims, even when it’s not justified. That’s why it’s critical to have a legal team that knows how to push back—and prove the truth. At Arnold & Itkin, we’ve helped countless clients recover full compensation even when the other side tried to spin the facts. You deserve a team that fights back hard. That’s exactly what we do.
Do I Need to Go to Court for My Truck Accident Claim?
While many truck accident claims settle out of court, San Antonio’s trucking carriers often stonewall fair offers—especially after serious injury or death. We prepare every case as though it’s going to trial, so insurance companies know we mean business. Having a firm willing to go all the way gives you leverage. If they won’t play fair, we’ll fight in the San Antonio area’s federal or state courts until we win the justice you deserve.
What Is the Statute of Limitations for Truck Accidents in Texas?
In Texas—including in San Antonio—you have two years from the date of the crash to file a personal injury or wrongful death lawsuit under Texas Civil Practice & Remedies Code § 16.003. That means if your collision occurred on June 1, 2023, you must file by June 1, 2025. Missing this deadline typically results in case dismissal. There are few exceptions—like injuries to minors or cases against government entities—so acting fast is essential.
Who Can Be Held Liable in a San Antonio Truck Accident?
Liability can span multiple parties. Beyond the truck driver, responsible parties may include:
The trucking company or its parent corporations
Cargo loaders or freight brokers
Trucking maintenance crews or parts manufacturers
Government agencies overseeing roadways (if roadway defects played a role)
Investigating these roles helps us build a robust case for maximum compensation. At Arnold & Itkin, our resources—like accident reconstruction experts—help us uncover all potential defendants and hold each accountable. No matter what.
How Long Does a Truck Accident Lawsuit Take?
The timeline of a truck accident case depends on several factors: the severity of your injuries, the complexity of the crash, the number of defendants involved, and whether the case goes to trial. Some claims settle in a few months, but others—especially those involving catastrophic injuries or wrongful death—can take a year or more. At Arnold & Itkin, we move fast. We build powerful cases quickly, apply pressure early, and never let the other side stall. Whether your case resolves through negotiation or trial, we’re in it for the long haul—committed to getting the best possible result.
What Is the Jones Act & Does It Apply to Dredge Workers?
The Jones Act is a federal law allowing seamen—including dredge crews—to sue their employer for negligence. It requires proof that the employer failed to provide a safe workplace, proper training, or maintenance. Louisiana dredge workers regularly use the Jones Act to recover medical care, lost wages, pain and suffering, and more. The burden of proof is light—if employer negligence contributed “in part” to the injury. Our attorneys leverage local maritime knowledge and federal precedent to build powerful cases under this law.
What Are Maintenance & Cure Benefits? Am I Eligible?
Under maritime law, Louisiana dredge workers are entitled to maintenance (a daily living stipend) and cure (medical treatment) until they reach maximum medical improvement. These benefits provide a safety net—whether or not negligence is proven. Many employers withhold or delay these payments, forcing workers to pay out of pocket. Arnold & Itkin’s maritime team can work to ensure you receive full, timely benefits and can fight any attempts to minimize your recovery.
How Long Do I Have to File a Dredge Accident Claim in Louisiana?
Under the Jones Act and general maritime law, you typically have three years from the date of injury to file a lawsuit—no matter whether your case is in Louisiana or federal court. However, certain claims—like maritime wrongful death—may have shorter deadlines. Don’t let the clock run out: meeting deadlines is crucial to preserving your rights and claim value. A Baton Rouge dredge accident lawyer at our firm can talk to you about your rights and options so you don't miss out.
Can I File a Lawsuit If My Loved One Was Killed in a Dredge Accident?
If a family member was killed while working aboard a dredge, you may be entitled to file a wrongful death claim under maritime law. Depending on the circumstances, your case could fall under the Jones Act, the Death on the High Seas Act (DOHSA), or general maritime law. These laws allow surviving spouses, children, or parents to pursue compensation for lost income, funeral costs, loss of companionship, and more. At Arnold & Itkin, we understand the emotional devastation that comes with a sudden loss at sea. Our team works relentlessly to uncover the truth, hold negligent companies accountable, and secure justice for grieving families.
What Kind of Evidence Should I Gather After a Dredge Accident?
If you're physically able, collecting evidence right after the accident can make a major difference in your case. Start by reporting the incident to your supervisor and asking for a written report. Then, if possible, take photos of the scene—equipment involved, surrounding hazards, visible injuries, and any safety gear. Get the names and contact information of any witnesses, including crew members and supervisors. Keep copies of medical records, treatment plans, and communication with your employer. Most importantly, don’t sign anything or give a recorded statement until you’ve spoken with an experienced dredge accident attorney in Louisiana. At Arnold & Itkin, we know what evidence wins cases—and we move fast to preserve it before it disappears.
What Are the Most Common Causes of Brain Injuries in San Antonio?
San Antonio sees brain injuries caused most often by motor vehicle crashes, workplace accidents, and falls. High-traffic areas like I‑35, Loop 410, and I‑10 are frequent sites of collisions involving cars, motorcycles, and commercial trucks, while construction and oilfield workers in Bexar County are at high risk for falls and struck-by accidents. Arnold & Itkin investigates every case thoroughly to determine the exact cause, identify all responsible parties, and fight for the compensation survivors and their families need to pay for treatment and rebuild their lives.
Where Can Brain Injury Victims Get Treatment in San Antonio?
San Antonio is home to some of Texas’s top brain injury treatment facilities. University Hospital, a Level I trauma center, provides emergency neurotrauma care for severe TBIs. Brooke Army Medical Center (BAMC) specializes in complex neurological injuries, particularly for military service members and veterans. UT Health San Antonio offers advanced neurosurgery and rehabilitation services, and facilities like Warm Springs Rehabilitation Hospital provide long-term physical, occupational, and cognitive therapy. The cost of this level of care is high, which is why victims often need a skilled attorney to pursue compensation for ongoing treatment, lost wages, and future medical needs.
How Do I Know If My Brain Injury Case Qualifies for a Lawsuit?
If your brain injury was caused by someone else’s negligence—such as a reckless driver, an unsafe workplace, or a defective product—you may have grounds for a personal injury lawsuit. In San Antonio, cases often involve commercial trucking companies, construction contractors, or property owners who failed to maintain safe conditions. An attorney can review medical records, accident reports, and witness statements to determine whether you’re entitled to compensation for medical bills, lost income, pain and suffering, and other damages. Arnold & Itkin has handled some of the largest brain injury cases in Texas and knows how to craft winning strategies.
What Compensation Can Brain Injury Survivors in San Antonio Recover?
Brain injury survivors may be entitled to compensation for medical expenses, rehabilitation, lost wages, diminished earning capacity, pain and suffering, and long-term care needs. In severe cases, damages may also include compensation for permanent disability or loss of quality of life. When negligence is especially egregious—such as when a company knowingly ignores safety standards—punitive damages may apply. Arnold & Itkin has secured record-breaking results in Texas by proving the full financial and emotional impact of TBIs, ensuring our clients and their families have the resources they need for lifelong care.
Why Should I Hire a Local San Antonio Brain Injury Lawyer?
Brain injury cases are complex and often involve large corporations, insurance companies, or negligent employers who will do everything possible to limit payouts. A lawyer familiar with San Antonio courts, judges, and local industries can make a major difference. Arnold & Itkin has Houston roots but has won significant verdicts and settlements for clients throughout Texas, including Bexar County. Our reputation as trial lawyers who don’t back down often forces defendants to settle for far more than they would with other firms. We’re prepared to fight for the best possible outcome. No matter what.
What Should I Do After Being Injured in a Plant or Refinery Explosion?
Your health comes first—seek immediate medical attention, even if your injuries seem minor. Document everything, including photos of your injuries and the explosion site, if possible. Report the incident to your employer in writing and request copies of any reports filed. Avoid signing anything from your employer or their insurance company without legal guidance; they may try to minimize your claim. Contacting an experienced Texas plant explosion lawyer early is critical. A lawyer can investigate the incident, secure evidence before it disappears, and help you pursue full compensation for medical bills, lost wages, and long-term care.
Are Families Entitled to Compensation After Fatal Plant Explosions?
Surviving spouses, children, and other dependents can pursue wrongful death claims after a fatal plant or refinery explosion. Compensation can cover funeral costs, loss of income, medical expenses prior to death, and non-economic damages such as loss of companionship. In cases of gross negligence—such as ignoring known safety hazards—families may also seek punitive damages to hold the company accountable. Arnold & Itkin has successfully represented families after some of Texas’s worst plant disasters, helping them secure financial stability and, just as importantly, forcing companies to make safety a priority.
Who Can Be Held Responsible for a Plant Explosion in Texas?
Liability often extends beyond the plant owner. Depending on the investigation’s findings, responsible parties can include equipment manufacturers, third-party maintenance contractors, or chemical suppliers that failed to provide safe materials. In some cases, management companies are held accountable for cutting corners to reduce costs, while engineering firms may face liability for design flaws, as seen in the Kuraray America Pasadena explosion. Determining fault requires reviewing safety records, maintenance logs, and design specifications to show how negligence directly caused the disaster. Our skilled plant explosion attorneys in Texas know how to hold every responsible party accountable.
What Types of Injuries Do Plant & Refinery Explosions Cause?
Explosions at Texas plants and refineries often leave workers with life-changing injuries. Severe burns, including chemical and thermal injuries, are the most common. Blast-related trauma—such as fractures, crush injuries, or amputations—can occur from falling debris or structural collapses. Smoke inhalation and toxic exposure cause long-term respiratory damage, while blast overpressure can lead to hearing loss, internal bleeding, or organ damage. Workers are also at risk of traumatic brain injuries (TBI) and spinal cord injuries, which may result in paralysis. These injuries often require years of costly medical treatment and can permanently end a worker’s industrial career.
What Are the Most Common Causes of Plant & Refinery Explosions in Texas?
Most Texas plant and refinery explosions are caused by preventable safety failures. Poor maintenance, outdated equipment, and ignored safety protocols are leading contributors, as seen in incidents like the Texas City Refinery explosion and the Freeport LNG fireball. Hazardous chemical handling mistakes, such as the Pemex Deer Park hydrogen sulfide release, are also common. Flawed system designs, untested emergency shutdowns, and pressure to meet production quotas push workers into unsafe shortcuts. Together, these failures create a chain reaction where a single valve malfunction, chemical leak, or ignition source can lead to catastrophic results.
What If I’m Injured in Port or at a Dock?
If you qualify as a seaman, you might still be able to file a Jones Act claim if you were injured near but not on navigable waters. For harbor workers, shipyard workers, and anyone else who works at a port or dock but not aboard a vessel, the Longshore & Harbor Workers’ Compensation Act (LHWCA) could be your route to compensation for a workplace injury or illness. This could apply whether you were harmed while in navigable waters or while working at a dock, terminal, yard, or harbor. Call one of our San Antonio offshore injury lawyers today to discuss what your legal options are after such an occupational injury or illness.
How Much Is It to Hire an Offshore Injury Lawyer?
At Arnold & Itkin, if we accept your case, you pay us nothing upfront. In fact, even if your case goes all the way to trial, you won’t pay us unless we have recovered some compensation for you. Our San Antonio offshore injury lawyers would then get paid a percentage of that recovery, but you wouldn’t owe us a penny before said recovery.
Who Qualifies as a Jones Act Seaman?
To qualify as a seaman means being a U.S. citizen who works on a vessel that’s on navigable waters, a worker who is needed for the vessel to operate, and one who spends at least 30% of their working hours aboard said vessel. Our law firm has handled many Jones Act claims, and we are well-qualified to help you discuss eligibility and legal options after a maritime accident.
Is There Workers’ Comp for Offshore Workers?
Workers’ compensation happens through the state, and maritime law is federal law. While offshore workers and maritime employees are entitled to compensation for their injuries, they typically wouldn’t file for workers’ comp; their options for compensation would often be through the Jones Act or Longshore & Harbor Workers’ Compensation Act (LHWCA). As a law firm that has spent decades handling all types of maritime accident cases, our San Antonio offshore injury lawyers can help you determine the best course of legal action to take for your financial recovery and future.
Who Can File a Death on the High Seas Act (DOHSA)?
First off, the high seas start three miles out from U.S. shores. If a death occurs on the high seas, and it was due to negligence or a crime, then a personal representative of the person who died can file a claim through the Death on the High Seas Act (DOHSA). The surviving relative can recover some financial damages, but unlike a standard wrongful death claim, a DOHSA claim cannot provide compensation for pain and suffering, loss of companionship, etc. This act is not just for offshore workers, but for anyone who is killed on the high seas. That includes cruise ship passengers, and even airline passengers in a crash that occurs 12 nautical miles out from U.S. waters.
What Is the Limitation of Liability Act?
The Limitation of Liability Act of 1851 was meant to help ship owners avoid complete financial devastation because of lost cargo or ships due to risky voyages, piracy, or other unforeseen catastrophes. However, this act is sometimes used by modern vessel owners to evade responsibility for an unseaworthy vessel. In this way, companies may try to weasel out of any responsibility to pay grieving families the compensation they’re owed for their loved ones’ preventable injuries or deaths at sea. Our offshore injury firm has seen many companies try to avoid responsibility using this act, and we know how to counteract their tactics. Speak with one of our San Antonio attorneys about seeking justice on a loved one's behalf.
What Should I Do Immediately After a Longshore Accident in Houston?
Immediately after a longshore or harbor worker accident in Houston, your top priority should be to seek medical attention, even if your injuries seem minor. Report the incident to your supervisor as quickly as possible, since both federal LHWCA rules and Texas workplace procedures require timely notice for a claim to be valid.
Document everything about the accident: time, location, contributing factors, and the presence of any witnesses. Pictures, videos, notes, and saved communication records can all strengthen your case, should you need to pursue compensation.
It is wise to contact a longshoreman accident attorney in Houston early in the process to help safeguard your rights and ensure nothing is overlooked while the evidence is still fresh. Timely legal support increases your chances for full and fair compensation.
How Are Longshoreman Accident Settlements Calculated?
Longshoreman accident settlements are calculated based on various factors, chiefly the severity of your injury, the length of time you are unable to work, your average pre-injury wages, and your expected medical expenses. Under the LHWCA, injured workers typically receive two-thirds of their average weekly wage as compensation. For traumatic or catastrophic injuries, or when a third party shares responsibility, additional compensation may be recoverable through other legal channels.
As longshore and harbor worker injury lawyers with more than two decades in this complex field, we work diligently to uncover every potential source of compensation for every client we represent. Our goal is always to secure a settlement or award that truly covers all of a client's losses and future needs.
Are There Unique Risks or Regulations for Longshoremen in Houston?
Houston is home to one of the busiest ports in the nation, which means longshoremen here face unique risks tied to the sheer scale of operations. Heavy container traffic, massive cargo volumes, and constant vessel movement create an environment where even "minor" safety lapses can lead to catastrophic accidents. Federal rules under the Longshore and Harbor Workers' Compensation Act apply, but Houston longshoremen must also contend with port-specific safety protocols enforced by Port Houston and oversight from local OSHA Houston North and South Area Offices, and even the U.S. Coast Guard.
Strict regulations govern equipment operation, cargo handling, and high-traffic terminal areas, but when they're ignored, workers pay the price. Understanding these risks—and the rights provided under federal maritime law—is essential for longshoremen working along Houston's busy docks.
What Should I Do After a Truck Accident in El Paso?
If you are involved in a truck accident in El Paso, your health comes first. Call 911 and seek immediate medical attention, even if you feel fine at first—serious injuries like head trauma or internal bleeding may not be immediately obvious. If possible, gather information from the scene, including photos of the vehicles, the truck’s license plate, and the driver’s information. Trucking companies often deploy rapid-response teams to protect themselves, so it’s crucial that you contact an experienced El Paso truck accident lawyer as soon as possible. At Arnold & Itkin, we move quickly to secure black box data, driver logs, and other critical evidence before it disappears.
Taking these steps ensures that you protect both your health and your rights in the aftermath of a crash.
How Common Are Truck Accidents In El Paso County?
Truck accidents are unfortunately common in El Paso County due to the region’s unique role as an international trade hub and gateway to West Texas. Thousands of commercial trucks cross the Zaragoza and Bridge of the Americas ports of entry every day, merging with local traffic on I-10, Loop 375, and US-54. According to TxDOT, more than 1,000 commercial vehicle crashes occur in El Paso County each year, with fatalities and serious injuries disproportionately high compared to other collisions.
The high volume of tractor-trailers, oilfield service trucks, and cross-border freight haulers makes driving in El Paso riskier than in many other parts of Texas. When accidents happen here, they often involve catastrophic injuries due to the size and weight of the trucks on our roads.
What Types Of Truck Accidents Happen Most Often In El Paso?
Because of El Paso’s geography and economy, certain types of truck accidents are more common than others. Jackknife and rollover accidents occur frequently on I-10 and Loop 375, where congestion and high speeds create dangerous conditions. Tanker truck accidents are also a serious concern due to the city’s refineries and fuel transport routes, sometimes resulting in hazardous material spills or fires. Border traffic contributes to crashes involving overloaded or improperly secured cargo as trucks move goods to and from Mexico. Delivery truck accidents, including FedEx and UPS collisions, are also frequent in the city’s neighborhoods and warehouse districts.
No matter the type of accident, these collisions are devastating and often preventable, caused by trucking companies pushing drivers past safe limits or failing to maintain their vehicles. Our El Paso truck accident attorneys know how to handle each of these cases to hold negligent companies accountable.
Who Can Be Held Liable For A Truck Accident In El Paso?
Liability in a truck accident is rarely limited to just the driver. In El Paso, the trucking company may be held responsible for hiring unqualified drivers, enforcing unsafe schedules, or failing to maintain their fleet. Shippers and freight brokers can also share liability if cargo is overloaded or improperly secured, particularly in cross-border shipments common to the region. Manufacturers of defective parts and even third-party maintenance providers may also be to blame. Because El Paso is a hub for UPS, FedEx, and major freight carriers serving Mexico and West Texas, many cases involve powerful corporations with significant resources dedicated to avoiding responsibility. Arnold & Itkin has the experience and resources to untangle these complex cases, identify every liable party, and fight to secure maximum compensation for our clients.
Can a Truck Driver Injured on the Job File a Lawsuit?
Truck drivers themselves may suffer serious injuries while working, and in Fort Worth, they may have more options than just workers’ compensation. Unlike many states, Texas does not require employers to carry workers’ comp insurance. These “non-subscriber” employers can be sued directly for on-the-job injuries caused by unsafe policies, inadequate training, or defective equipment. Even if your employer does carry workers’ comp, you may still have claims against other parties—such as another trucking company’s driver, a negligent cargo loader, a maintenance contractor, or a manufacturer of faulty truck parts. These claims can cover damages that workers’ comp does not, including pain and suffering and loss of future earning capacity. At Arnold & Itkin, we’ve represented injured truckers across Texas—including Fort Worth drivers—and secured millions on their behalf, even when employers tried to shift blame.
How much does it cost to hire Arnold & Itkin?
Arnold & Itkin works on a contingency fee, meaning we only get paid if we win your case.
What is Arnold & Itkin’s largest verdict?
In 2024, Arnold & Itkin secured an $8 billion verdict in a product liability case—the largest single‑plaintiff verdict in U.S. history.
Does Arnold & Itkin handle cases outside Texas?
Yes. Arnold & Itkin’s team is licensed in multiple states and routinely appears in courts nationwide.
What types of cases does Arnold & Itkin take?
Arnold & Itkin represents victims of industrial accidents, oilfield accidents, trucking crashes, offshore accidents, explosions and fires, product defects, and cases involving catastrophic injuries and wrongful death.
Who Can Be Held Liable for a Baton Rouge Crane Accident?
Responsibility often extends well beyond the crane operator. Depending on the facts, we may be able to hold the general contractor, site owner, or plant/terminal operator accountable for overall site safety and coordination. Louisiana crane owners and rental companies can be liable for poor maintenance, missing inspections, or unqualified operators. Rigging subcontractors may share fault for bad sling choices or signaling errors, while third-party engineers and inspectors can answer for tie-in, foundation, or ground-bearing miscalculations. In coastal and offshore work, platform owners and contractors face additional duties under maritime law. We also investigate product defects involving booms, hoists, or safety devices.
Our crane accident lawyers in Baton Rouge build cases with lift plans, load charts, daily and annual inspection records, crew credentials, weather measurements, and digital data from the machine. When multiple parties point fingers, we follow the evidence and hold every responsible company accountable.
Do I Have a Case If Workers’ Comp or the LHWCA Applies?
If you’re a land-based employee in Louisiana, state workers’ compensation may cover medical care and some wage loss, but it usually bars negligence suits against your direct employer; it does not shield third parties like crane owners, GCs, or site owners. Longshore and Harbor Workers’ Compensation Act (LHWCA) benefits work similarly for maritime shoreside workers at docks and shipyards, and you may still bring third-party negligence claims against non-employers. Offshore crews and certain maritime workers can pursue Jones Act negligence claims and unseaworthiness against their employers, plus third-party claims. In all scenarios, the key is fast, independent investigation and evidence preservation. Our team is committed to pursuing a full civil recovery against every negligent party, so you’re not limited to partial wage benefits and basic medical care.
How Long Do I Have to File a Crane Accident Lawsuit in Louisiana?
Louisiana’s general deadline for personal injury and wrongful death is one year from the accident or death. Some maritime claims—including many offshore and vessel-related injuries—carry a three-year federal limitation. Contractual provisions and government-owned sites may add notice requirements or shorter internal timelines.
Because cranes are quickly repaired, moved, or dismantled after an incident, waiting even a few days can jeopardize critical evidence such as outrigger pad impressions, ground-bearing conditions, wind data, and machine diagnostics. Contact a Louisiana crane accident attorney immediately to make sure evidence is preserved, involve the court when necessary, and lock down inspection, maintenance, and training records. We meet deadlines while you focus on treatment, and we file in the jurisdiction that best protects your rights—whether that’s Baton Rouge, another Louisiana parish, or federal court for maritime and offshore claims.
What Compensation Can a Louisiana Crane Accident Attorney Pursue?
Catastrophic crane injuries often require surgeries, implants, prosthetics, long-term therapy, and modifications to the home or vehicle. We pursue all damages available: past and future medical care, lost wages and loss of earning capacity, vocational retraining, and life-care plans. We also seek non-economic damages for pain, suffering, disfigurement, mental anguish, and loss of enjoyment of life; in wrongful death cases, families may recover funeral expenses and the loss of support and companionship. Louisiana uses comparative fault, so even if someone tries to blame you, your recovery is reduced—not erased—by any assigned percentage. Our crane accident lawyers in Baton Rouge build the economic record with treating physicians, rehabilitation experts, and financial analysts to prove the full, lifetime cost of your injuries and to demand every dollar you’ll need to move forward.
How Common Are Electrocution Accidents in San Antonio Construction?
Construction is consistently one of the most dangerous industries in Bexar County, and electrocution ranks among OSHA’s “Fatal Four” causes of worker deaths. With San Antonio’s rapid growth—housing developments, road expansions, and downtown construction—electricians, welders, and laborers often face live wires, temporary power setups, and crowded sites. When contractors rush schedules or ignore safety procedures, serious injuries follow. Our team understands these local risks and fights to hold negligent employers and site operators responsible when workers are needlessly exposed.
Can Property Owners Be Liable for Electrocutions?
Yes. Under Texas premises liability law, property owners must maintain reasonably safe conditions for visitors and workers. If exposed wiring, faulty outlets, or unmarked energized equipment causes injury, owners can be held accountable. In San Antonio, this applies to apartment complexes, hotels, retail stores, and public venues. Whether the accident happened in a downtown high-rise or a neighborhood grocery store, our lawyers investigate to determine if the property owner failed to warn or correct a dangerous condition.
What Types of Injuries Result from Electrical Accidents?
Electrocution and electrical shock can cause more than burns. Victims often suffer cardiac arrest, respiratory failure, brain injuries, nerve damage, cataracts, and deep-tissue injuries that aren’t immediately visible. In severe cases, amputations or permanent paralysis may result. Survivors may also face PTSD or depression after a traumatic electrical accident. These injuries typically require specialized care at San Antonio facilities like burn centers and rehabilitation hospitals. Our firm works to recover the full cost of both physical and emotional recovery.
What If a Utility Company’s Equipment Caused the Accident?
Utility companies play a major role in electrical safety. Exposed high-voltage lines, faulty transformers, or poorly maintained substations can lead to catastrophic injuries or death. In San Antonio, CPS Energy and other utility providers may be liable if their negligence contributed to unsafe conditions. Suing a utility requires quick action, as government-affiliated entities often have special notice rules. Arnold & Itkin has the resources to take on these powerful entities and prove accountability when their failures harm workers or residents.
Can Family Members File a Lawsuit After a Fatal Electrocution?
Yes. When electrocution leads to wrongful death, surviving spouses, children, and parents can bring claims under Texas law. Compensation may include funeral expenses, lost income, loss of companionship, and emotional suffering. These cases are particularly common in industrial accidents, construction sites, and oil and gas work. Our San Antonio firm has represented grieving families nationwide and understands how to honor their loved ones’ memories while demanding justice from the companies that cut corners.
Why Hire Arnold & Itkin For An Electrical Injury Case?
Electrical injury cases are highly technical. They involve analyzing codes, OSHA standards, equipment design, and power systems to pinpoint what went wrong. At Arnold & Itkin, we don’t just rely on surface evidence—we dig deep with electrical engineers, accident reconstruction specialists, and medical experts. Our San Antonio electrocution attorneys have won record-setting verdicts and settlements by proving how preventable these tragedies are. We’ve helped clients rebuild their futures with the financial support they need, and we’re ready to do the same for you.
What Should I Do Immediately After a Crane Accident in New Mexico?
Right after a crane accident, your priority is medical safety—call 911 or go to the nearest hospital. Prompt treatment preserves both your health and legal claim. Request that all equipment, load remnants, rigging, and site conditions remain untouched. If safe, photograph the scene, note wind conditions, record equipment positions, and get names of witnesses, contractors, and onsite personnel. Do not give a recorded statement to any insurer before consulting a lawyer. The faster you call a New Mexico crane accident attorney, the sooner we can issue preservation letters, protect evidence, and launch an independent investigation.
How Long Do I Have to File a Crane Accident Lawsuit in New Mexico?
In most cases, you have three years from the date of injury or death to file a lawsuit under New Mexico law. But if a government entity or public works project is involved, you may need to file a notice of claim or satisfy shorter time deadlines before full suit. Also, evidence can deteriorate quickly—cranes get dismantled, rigging destroyed, and sites altered. That’s why calling a crane accident attorney in New Mexico early is critical: we lock down evidence, preserve critical machinery, and ensure no limitations bar your claim.
What Types of Compensation Can Be Recovered After a Crane Disaster?
Victims of crane accidents often suffer catastrophic, lifelong injuries. You may claim damages for past and future medical care, surgeries, rehabilitation, prosthetics, home or vehicle modifications, lost wages, future earning capacity, and vocational retraining. Non-economic damages include pain and suffering, emotional distress, disfigurement, and loss of enjoyment of life. In wrongful death cases, eligible survivors can recover funeral expenses, loss of support, and loss of companionship. When a company’s conduct was especially reckless, you may also pursue exemplary (punitive) damages under New Mexico law.
What Makes a Crane Accident Case Strong Enough to Go to Trial in New Mexico?
To succeed at trial, your case must show: (1) someone owed you a duty of care (safe operation, inspection, planning), (2) that duty was breached (e.g. negligent inspection, poor maintenance, inadequate training), (3) that breach directly caused your injury, and (4) the full measure of damages you suffered. With cranes, strong trials depend on detailed technical evidence: maintenance logs, engineer reports, lift studies, metallurgical testing, load reconstructions, and expert testimony. Our trial-ready approach ensures every document, expert, and strategy is in place, so defendants know we won’t settle for less than what you deserve.
Can I Recover Compensation for Lost Future Earnings After Severe Crane Injuries?
If a crane accident leaves you permanently disabled or unable to return to your prior occupation, you can claim loss of earning capacity or future wages. That means not just what you already lost, but what you would have earned over your working life. To prove this, we partner with vocational economists, life-care planners, and your medical team to build projections that reflect your injuries and realistic employment limitations. In New Mexico crane cases, these future-loss claims often form a substantial portion of the recovery—and we fight to secure them.
Who Can Be Held Liable for a Drowning Accident in Dallas?
Liability depends on where and how the drowning occurred. In Dallas, property owners, pool operators, hotel managers, lifeguard companies, and even product manufacturers can be held accountable if negligence contributed to an accident. For example, an apartment complex that fails to maintain a locked gate, a resort that doesn’t staff trained lifeguards, or a manufacturer that produces a defective drain cover can all be found liable. Under Texas law, property owners have a duty to keep their premises reasonably safe for guests and residents. Arnold & Itkin’s attorneys investigate every angle—from safety records and inspection logs to witness statements—to identify all responsible parties and pursue full compensation for victims and their families.
Are Pool Owners in Texas Required to Have Lifeguards or Safety Barriers?
In Dallas, the specific requirements depend on the type of pool and its usage. Public and commercial pools, such as those in hotels, apartment complexes, and city recreation centers, must comply with Texas Administrative Code Chapter 265 and Dallas County health regulations. These laws require protective barriers, rescue equipment, signage, and in many cases, certified lifeguards. Private residential pools have fewer regulations but must still meet fencing and gate standards to prevent child access. When these safety measures are ignored, property owners can face significant liability.
What Should I Do Immediately After a Drowning or Near-Drowning Incident?
Call 911 right away and start CPR if the victim isn’t breathing. If you’re at a public or commercial location, alert lifeguards or staff to ensure an emergency response is underway. Once help arrives, note key details: the time the person was last seen, whether life-saving equipment was available, and any safety lapses you observed. After the emergency, avoid signing statements or releasing information to an insurance company until you’ve spoken to an attorney. Every minute and every fact matters—especially in complex drowning cases where multiple parties may share responsibility. Arnold & Itkin can step in immediately to protect your rights and begin investigating while evidence is fresh.
What If My Loved One Survived but Suffered Brain Damage or Other Complications?
Near-drowning victims often face long-term consequences, including hypoxic brain injury, lung damage, and cognitive or physical impairments. These injuries require extensive rehabilitation and lifelong medical care. Survivors and their families may be entitled to compensation for medical expenses, lost income, and diminished quality of life if negligence played a role in the incident. At Arnold & Itkin, we work with medical and life-care experts to document every cost of recovery and secure the financial resources needed for ongoing treatment. Our firm has won billions for clients facing catastrophic injuries—and we’re committed to helping survivors rebuild their lives, no matter what it takes.
Why Choose Arnold & Itkin for a Dallas Drowning Accident Case?
Drowning and pool accident cases require fast, thorough investigation and the resources to stand up to massive corporations and insurers. Arnold & Itkin has won over $20 billion for clients nationwide, including families who lost loved ones in tragic, preventable accidents. We know how to prove liability, expose safety failures, and fight for the maximum recovery allowed by Texas law. Our Dallas drowning accident lawyers treat every case with compassion and urgency because we know what’s at stake—the future of your family. If you’re seeking answers after a drowning or near-drowning, our team is ready to fight for justice and accountability.
Who Is Responsible for My Injuries After a Construction Accident in Louisiana?
Responsibility depends on how the accident occurred and who had control over the work site. General contractors, subcontractors, property owners, and equipment manufacturers can all share liability if their negligence contributed to unsafe conditions. In some cases, multiple parties may be found partially responsible under Louisiana’s comparative fault laws. For example, a contractor who failed to install proper fall protection might share liability with a property owner who ignored known safety violations. An experienced Louisiana construction accident lawyer can investigate contracts, safety logs, and witness statements to uncover every party responsible, ensuring you recover the maximum compensation available under state law.
What Types of Construction Accidents Are Most Common in Baton Rouge?
In Baton Rouge and across Louisiana’s industrial corridor, construction workers face daily exposure to heavy machinery, hazardous materials, and unstable structures. The most common types of accidents include falls from heights, scaffolding collapses, crane failures, electrocutions, and equipment malfunctions. Industrial plants and refineries also see frequent incidents involving explosions, toxic exposure, and crush injuries caused by improperly maintained machinery. These hazards often result from poor supervision, rushed deadlines, or inadequate training. Whether your accident occurred downtown, at a refinery in Port Allen, or a roadway project along I-10, a skilled construction injury attorney in Baton Rouge can help determine who is at fault and pursue full compensation for your losses.
What If I Was Injured Near a Construction Site as a Bystander?
You don’t have to be a construction worker to have a valid claim. Bystanders, motorists, and pedestrians injured near active construction sites may have the same rights as employees when negligence is involved. Common examples include falling debris from scaffolding, unsecured barriers, or collisions with heavy machinery. In Baton Rouge, where construction often happens near busy intersections or downtown developments, public safety is the responsibility of contractors and site managers. They must post warning signs, secure zones, and ensure that operations don’t endanger the public. If they fail to do so, a construction accident lawyer in Louisiana can hold them accountable for your injuries.
What Compensation Can I Recover After a Construction Injury in Louisiana?
Victims of construction accidents may be entitled to compensation for both economic and non-economic damages. This includes medical expenses, lost wages, diminished earning capacity, and rehabilitation costs, as well as pain and suffering, mental anguish, and loss of enjoyment of life. In severe cases involving permanent disability, such as spinal or brain injuries, victims may also receive compensation for lifetime care needs. Courts can award punitive damages when companies act with extreme negligence or willful disregard for safety. Our attorneys fight to ensure injured workers and families receive the maximum possible recovery under Louisiana law.
How Long Do I Have to File a Construction Accident Claim in Louisiana?
Louisiana has one of the shortest deadlines in the nation for filing personal injury claims—just one year from the date of the accident. This period is called the statute of limitations. If you miss this deadline, you could lose your right to recover compensation entirely. However, the clock may start later in certain cases, such as when injuries are discovered after the fact or when the responsible party is not immediately identified. Because construction sites often involve multiple contractors and companies, early investigation is key. Contacting a Louisiana construction accident attorney as soon as possible ensures critical evidence is preserved and your claim is filed on time.
What Should I Do First After a Spinal Cord Injury in San Antonio?
After a spinal cord injury in San Antonio, your first priority is medical care, whether from EMS responders or trauma centers like University Hospital or Brooke Army Medical Center. Once stabilized, document everything you can: how the accident happened, who was involved, and where it occurred. Avoid giving recorded statements to insurance companies until you’ve spoken with an attorney. Texas has strict deadlines for filing claims, and evidence can disappear quickly, so acting fast matters. A San Antonio spinal cord injury lawyer can help protect your rights, preserve evidence, and guide you through every step of the legal process.
How Much Is a Spinal Cord Injury Claim Worth in San Antonio?
The value of a spinal cord injury claim depends on the severity of the injury, long-term medical needs, loss of earning ability, and how the injury affects daily life. In San Antonio, courts often consider future medical care, home modifications, mobility equipment, therapy, and lifetime loss of income. Catastrophic injuries such as paraplegia or quadriplegia typically lead to substantial long-term costs, which can reach millions of dollars. Arnold & Itkin’s job is to build a case that fully reflects these losses so survivors receive every dollar necessary to move forward, whether through settlement or trial.
How Long Do I Have to File a Spine Injury Lawsuit in Texas?
In Texas, most spinal cord injury lawsuits fall under the two-year statute of limitations. This means you have two years from the date of the accident to file a lawsuit. However, certain factors—such as claims involving minors, government entities, or workplace policies—can affect this timeline. Because spinal injuries often require extensive investigation and expert involvement, it’s crucial to contact an attorney as soon as possible. Our lawyers can work with you to help ensure your claim is filed correctly and on time, protecting your right to seek full compensation.
What If My Spinal Cord Injury Happened at Work?
Work-related spinal cord injuries in San Antonio may involve several legal paths. If your employer carries workers’ compensation, you may be entitled to medical care and wage benefits. However, many Texas employers opt out of workers’ comp, meaning you may instead file a lawsuit directly against your employer for negligence. Additionally, third parties like equipment manufacturers, contractors, or property owners may share responsibility. Because spine injuries often result from unsafe equipment, faulty machinery, or inadequate training, investigating every angle is essential. Arnold & Itkin can determine all liable parties and pursue the maximum recovery allowed under Texas law.
Do I Need a Lawyer If the Insurance Company Already Offered a Settlement?
Early settlement offers in spinal cord injury cases are almost always far below what survivors truly need. Insurance companies know spinal injuries can cost millions over a lifetime, so they often rush to offer quick payouts before the full medical picture is clear. Accepting these offers can leave victims without the funds needed for future care, mobility equipment, or lost wages. A San Antonio spinal cord injury attorney can calculate long-term damages, consult medical experts, and negotiate from a position of strength. Arnold & Itkin prepares every case for trial, increasing the pressure on insurers to pay full value.
Can a Wrongful Death Claim Be Filed If There Is No Criminal Charge?
A civil wrongful death claim is separate from any criminal case and has a different burden of proof. It is possible to bring a wrongful death lawsuit in San Antonio even if no criminal charges are filed or if a criminal case results in an acquittal. The focus in a civil case is on whether someone’s unsafe choices or violations of duty caused the death and what financial and personal losses the family has suffered as a result.
How Long Do I Have to File a Helicopter Accident Lawsuit in New Mexico?
New Mexico's statute of limitations for personal injury claims is three years from the date of the accident. For wrongful death claims, family members typically have three years from the date of death to file. However, claims against government entities have much shorter deadlines—you must provide notice within 90 days and file within two years. Don't assume you have plenty of time. Evidence disappears quickly after a helicopter crash. Wreckage gets moved, maintenance records can vanish, and witnesses' memories fade. The sooner you contact an attorney, the better we can preserve critical evidence and build the strongest possible case for your recovery.
How Long Do I Have to File a Helicopter Accident Lawsuit in Louisiana?
Louisiana's statute of limitations for personal injury claims, including helicopter accidents, is generally one year from the date of the crash. This is significantly shorter than most states and one of the strictest deadlines in the country. For wrongful death claims, family members typically have one year from the date of death to file. However, certain factors can extend or shorten these deadlines—for example, cases involving federal aviation regulations, offshore accidents in federal waters, or claims against government entities may have different timeframes. Missing the deadline means losing your right to compensation forever, regardless of how strong your case is. Don't wait.
Does New Mexico's High Altitude Affect Helicopter Safety?
New Mexico's elevation—Albuquerque sits above 5,000 feet—significantly impacts helicopter performance. Thin air at high altitudes reduces engine power and rotor efficiency, requiring careful weight calculations and limiting payload capacity. Mountains throughout New Mexico create dangerous downdrafts and unpredictable wind patterns. When operators overload aircraft, fail to account for density altitude, or pilots lack proper high-altitude training, accidents become more likely. Our Albuquerque helicopter accident attorneys work with aviation experts who understand how New Mexico's unique geography contributes to crashes and can prove when operators or pilots failed to account for these hazards properly.
Do I Have To Attend Court If a Wrongful Death Case Is Filed?
Many families worry about facing a courtroom on top of their grief. In reality, most of the early work in a case happens through paperwork, meetings, and negotiations that do not require your presence in court. You may need to give testimony in a deposition or at trial, but your attorney can prepare you in advance and help you understand what to expect so you feel as comfortable as possible.
Can I Sue If My Loved One Died in a New Mexico Helicopter Crash?
When a helicopter crash causes death, surviving family members can file a wrongful death claim to recover compensation for funeral expenses, loss of financial support your loved one would have provided, and loss of companionship and guidance. Under New Mexico law, the deceased person's personal representative brings the wrongful death claim on behalf of surviving family members. Our attorneys handle these cases with compassion while fighting aggressively for justice. We understand that no amount of money can replace your loved one, but fair compensation provides financial security and holds negligent parties accountable for their actions.
Who Can Be Held Liable for a Helicopter Crash?
Multiple parties may share responsibility for a Louisiana helicopter crash. The helicopter operator or charter company can be liable for pilot error, inadequate training, or pushing crews to fly in unsafe conditions. Maintenance contractors may be responsible if they performed substandard repairs or failed to identify mechanical issues. Aircraft or component manufacturers can be held accountable for design defects or manufacturing flaws. Your employer may bear responsibility if they pressured pilots to fly unsafe routes or failed to ensure proper safety protocols. Oil and gas companies that hire helicopter services can also be liable. Our attorneys investigate thoroughly to identify every responsible party and every available source of compensation.
What If I Was Injured While Working on an Oil Rig or at a Remote Worksite?
You likely have multiple avenues for compensation. While New Mexico workers' compensation may cover some expenses, you can also sue third parties whose negligence caused the crash—including the helicopter operator, maintenance companies, or aircraft manufacturers. If your work involves interstate commerce or you're classified as a maritime worker, federal laws like the Jones Act may allow you to sue your employer directly for negligence. These cases are complex, and determining which laws apply requires experienced attorneys. We can evaluate your specific situation, identify all potentially liable parties, and pursue every available source of compensation to ensure you receive maximum recovery.
How Long Do Wrongful Death Cases in San Antonio Usually Take?
The length of a San Antonio wrongful death case can range from several months to a few years. Factors that affect timing include how many parties are involved, how quickly evidence can be gathered, and how crowded the court’s docket is. Cases may resolve sooner if liability is clear and insurers are willing to negotiate fairly, while complex cases involving corporations or disputed facts may take longer and move through a full trial schedule.
How Much Does It Cost to Hire Arnold & Itkin for a Helicopter Accident Case?
Nothing upfront. We handle all helicopter accident cases on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation for you. We advance all case expenses (like expert witnesses, investigators, and court costs) and only get paid if we win. If we don't recover money for you, you owe us nothing. This arrangement allows you to have experienced trial lawyers fighting for you without worrying about legal bills while dealing with medical expenses and lost income. During your free consultation, we'll explain our fee structure clearly and answer any questions about costs.
What Compensation Can I Recover After a Louisiana Helicopter Accident?
Louisiana helicopter crash victims may recover compensation for medical expenses, including emergency treatment, surgeries, rehabilitation, and future medical care. You can seek damages for lost wages and diminished earning capacity if injuries prevent you from returning to work. Pain and suffering compensation addresses physical pain, emotional trauma, and reduced quality of life. If your injuries cause permanent disability or disfigurement, additional damages may be available. In cases involving gross negligence, such as knowingly flying defective aircraft, punitive damages may apply. Wrongful death claims can include funeral costs, loss of financial support, and loss of companionship. The total value depends on the severity of injuries and their long-term impacts, as well as the defendants' conduct.
Are Offshore Helicopter Accidents Covered by Different Laws Than Land-Based Crashes?
Offshore helicopter accidents in Louisiana often fall under federal maritime law rather than state personal injury law, creating significant legal complexities. If you're an offshore worker injured while traveling to or from an oil platform, you may be covered under the Jones Act, which provides special protections for seamen. The Longshore and Harbor Workers' Compensation Act may also apply depending on your job duties and where the accident occurred. These federal laws often provide more generous compensation than standard Louisiana personal injury claims and may allow you to sue your employer directly—something typically prohibited under workers' compensation. Determining which laws apply requires experienced maritime and aviation attorneys who understand both jurisdictions.
How Do Louisiana's Weather Conditions Contribute to Helicopter Crashes?
Louisiana's subtropical climate creates particularly hazardous flying conditions for helicopters. Sudden Gulf thunderstorms can develop rapidly, reducing visibility to zero and creating dangerous wind shear. Dense fog frequently rolls across coastal areas and wetlands, especially during winter months, making navigation treacherous. Hurricane season brings tropical weather systems that can ground fleets for days, creating pressure to fly in marginal conditions once storms pass. High humidity affects engine performance and can contribute to mechanical issues. Low cloud ceilings over Louisiana's vast marshlands leave pilots with few visual references and limited options for emergency landings. When helicopter operators prioritize schedules over safety during poor weather, crashes become tragically predictable. Our attorneys work with meteorologists to prove when weather made flying unreasonably dangerous.
What Makes Arnold & Itkin Different?
We've secured over $20 billion in verdicts and settlements, including record-breaking results against major aviation and energy companies. Unlike firms that primarily settle cases, we're trial lawyers who regularly take cases to court—and win. We have the resources to hire top aviation experts, accident reconstructionists, and investigators needed for complex helicopter crash cases. Our team understands Louisiana's unique aviation environment, from Gulf Coast offshore operations to the regulatory agencies that investigate crashes here. We handle cases on contingency, meaning you pay nothing unless we recover compensation. When we take your case, helicopter operators and their insurers know we have the experience, determination, and trial skills to hold them fully accountable. That changes everything.