How Do I Know if I Have a Case After Being Electrocuted on the Job in Texas?
Construction Injuries Personal Injury
In Texas, the risk of an electrical accident is particularly high for those working in the construction sector, which is already among the most dangerous work environments. According to current statistics, nearly 1 in 5 workers’ deaths in the U.S. occurs among construction workers. Electrocution is the fourth leading cause of death on construction sites, causing almost a full 10% of all construction site deaths.
The first thing you need to know is how to distinguish between electrical injuries and electrocution. An electrical injury may cause damage including burns or shock as the electricity passes through your body. Whereas electrocution is usually a fatal injury when someone has been severely hurt, impaired, or killed by electricity. After an electrical injury or accident on the job, your wounds can be exceptionally severe and, in some cases, debilitating and last a remarkably long time.
These injuries can include harm to internal organs, cause cardiac arrhythmias, respiratory arrest, neurological damage, seizures, spinal cord injuries ( after being thrown by the electrical shock), damage to the heart, possible brain damage, and permanent scarring or disfigurement.
Like most legal matters today, these accidents can be complex, and only by consulting with a quality Texas personal injury attorney will you be able to determine whether you have a case or not.
What Are the Types of Damages I can Sue for in an Electric Shock Lawsuit?
If you, and your personal injury attorney, determine that you do have legal grounds for an electric shock lawsuit, you most likely will be able to collect damages.
Examples of these types of damages are below, but there are more:
Negative Economic damages – These types of damages, also referred to as “special” damages, compensate for all the tangible losses that you and your family may incur due to your injury. Remember, these electrical injuries can be serious and cause extensive bodily damage, and the bills mount up. The cost of medical bills, lost wages, special rehabilitation, and possibly permanent disability can be financially devastating to you, and those you love.
All General damages – These injuries can affect you long term, and possibly for the rest of your life. These intangible losses of an electrical accident, such as pain & suffering, long-term disability, disruption in your quality of life, and many more all can be legal causes for compensation.
Most importantly, electrical shocks can lead to profoundly serious injury and death. Thankfully, you as a victim of these shocks may be able to gain the compensation you need and deserve, especially when your injuries arise from someone else’s negligence. Once your personal injury attorney goes over all the details of your case and discusses them with you, will you be able to determine the best legal path to follow.
How Do I Determine Who Is Responsible for my Injuries?
It is common in all personal injury cases (including electric shock & electrocution cases) that they are rooted in the theory that someone was negligent. This legally translates that another person’s careless actions (or possibly inaction) were solely responsible for your injuries.
There was someone that owed you a duty of care – They had a responsibility to help keep you safe. As an example, your employer must provide a safe workplace.
This responsible party breached their duty of care – In other words, committed negligence. An example of this might be that they failed to check a machine for loose wiring, etc.
This party’s breach of care caused or led to your injuries.
Due to these injuries, you incurred specific damages as a result (medical bills, lost wages, etc).
By far the most important job of your electrical, or electrocution personal injury attorney will be to determine exactly who breached their duty of care. This is a vital issue, that will determine if, and how much of a case you have.
How Does My Electrical Injury Attorney Try to Determine Who Breached Their Duty of Care?
Your attorney will know just how important this subject is and has numerous legal strategies for dealing with this all-important question.
Just a few examples are:
By the use of premises liability – If you had your electrical accident at a store or in a public place, you very well may have a case since property owners are duty-bound to keep their premises safe for visitors and did not do that.
Possibly there was negligent supervision – If you were shocked, or your loved one was electrocuted in a thunderstorm while under another person’s supervision, you could possibly collect compensation under the legal grounds of negligent supervision. As your supervisor, you surely should have been told to stop working until the dangerous storm passed.
Utilizing product liability – If your accident occurred while using a defective product or tool, you could have a case under the scope of the Texas product liability laws, which simply states that anyone involved in the production and distribution of a product must use reasonable care to make it safe and communicate when and when not to use it.
These are only examples, and your personal injury attorney has many other ways to proceed with your electrical injury, or electrocution lawsuit.
What Should I Do First After the Electrocution, or Injury Accident?
First, make sure you get the medical attention you need. Even in an electrocution accident, get the EMTs there as quickly as possible. Also, have someone collect and document all the details as soon as possible. What you or the witnesses remember is most accurate at the accident itself.
Then, for your loved one’s (or your own) sake, contact an Edinburg personal injury attorney firm, such as the Brasure Law Firm PLLC that is competent in electrocution and electrical accident cases.
By Chris Brasure
Brasure Law Firm, PLLC was founded by Chris Brasure in 2006. His legal accomplishments are diverse and numerous. He is a fellow with the Texas Bar Foundation, was a delegate in the American Bar Association House of Delegates and holds a BA in political science and speech communication from Baylor University. He then went on to obtain his law degree from Baylor University Law School. Chris believes that education is absolutely critical to one’s success, so his firm now offers The Brasure Law Firm Scholarship to give back to the community and to help students who are seeking to pursue a higher education.