San Antonio Personal Injury Lawyer
Serious personal injury can occur for a variety of reasons, including car accidents, construction accidents, trucking accidents and many others. In Texas, injuries related to oil field work or construction accidents are common due to the many workers employed in these fields. In many cases, serious personal injuries leave the victim unable to work or reduce his or her capability to work. Typical injuries that are considered serious personal injuries include brain injuries, burn injuries, spinal cord injuries, paralysis, etc.
A brain injury can occur from several causes, most commonly blunt trauma to the head. Brain damage can result directly from the incident where the brain injuries occurred, or the damage can result later as the injured head fills with fluid and the increasing pressure causes the damage.
A burn injury can result from a variety of sources as well, including electrical burn injuries, toxic chemical burn injuries, fire burn injuries, etc. In each case, a burn injury causes the skin to be heavily damaged and unable to function properly. The skin is very important to bodily functions, particularly for maintaining proper body temperature and isolating the interior organs from hazards outside the body.
A spinal cord injury occurs when the spinal cord is severed or damaged anywhere along its path from the neck to the base of the back. Spinal cord injuries can leave a victim completely paralyzed or partially paralyzed, depending on the location of the injury. Paralysis is a common result of spinal cord injuries, but paralysis can also be caused by certain types of brain injuries or damage to the nerves in a specific location in the body other than directly on the spinal cord.
If a serious personal injury has been caused due to negligence of another, such as would occur due to unsafe working conditions or a reckless car or truck driver in a serious automobile accident, then the victim who suffered the injuries may have a right to receive compensation. This compensation can include payment for medical bills or payment for the loss of employment or the ability to work and for pain, suffering and mental anguish. It is important for you and your family, that if you or a loved one has been injured by negligence of another, that you seek legal advice. A San Antonio personal injury lawyer can help you determine if you can be compensated for the financial damages you have received from the injuries.
Wrongful death could potentially be present at any time there is a death where the cause of death is not by natural causes. For example, an unsafe work condition where an employee falls to his or her death or is killed due to contact with heavy equipment could be a wrongful death. Also, wrongful death can occur in non-work related conditions, such as when a fatality occurs due to serious automobile accidents or trucking accidents.
Wrongful death is not a criminal act, and thus a wrongful death proceeding does not occur in criminal court. However, criminal acts can be associated with wrongful death. For example, O.J. Simpson was found not guilty in the murder trial of Nicole Brown. But in the subsequent wrongful death case, which was a civil proceeding, a jury found him responsible for wrongful death of Nicole Brown.
Wrongful Death Claims
A wrongful death claim can be filed anytime a fatality occurs and there is an entity or other person responsible for the fatality. Common wrongful death lawsuits in Texas are those associated with work-related accidents and vehicle accidents. Employers have an obligation to provide a safe work environment for their employees. If the employer does not take the appropriate steps and a fatality occurs on the job, then a wrongful death suit may be appropriate for gross negligence. Similarly, a vehicle driver has the responsibility to drive safely and not endanger other drivers and vehicle occupants. If a driver is driving recklessly, or has consumed alcohol and is incapable of safe driving, and another person is killed due to this driver then a wrongful death suit may be appropriate.
Wrongful death suits, if won, can compensate the victim’s family for the loss of a lifetime of earnings the victim would have received, if he or she had lived a full and useful life. Wrongful death settlements or verdicts can also compensate the victim’s family for medical expenses, mental anguish and loss of companionship issues as well as funeral expenses, etc. that occur due to the incident related to the death. If the person or entity that caused the death acted callously or without regard to others’ safety, then punitive damages may be obtained for the family.