Fatal Work Accidents

Michael Grossman, Dallas Wrongful Death Attorney, Discusses Fatal Workplace Accidents

If someone you love and care for has died tragically because of an on the job injury, you may want to pursue a wrongful death lawsuit against those whose negligence has resulted in your loss. Several families often wonder if they should seek help from a fatal Dallas workplace accident attorney.

Work injury law here in Texas is very complex, and employers have many loopholes to pursue to avoid giving you compensation for your loss. Someone who’s not a lawyer would need a miracle to be successful once they file their own lawsuit. That’s why you should contact Dallas wrongful death attorney Michael Grossman, who has the ability to help you gain justice for your horrific loss. Here he is to further explain how lawsuits work for fatal on the job accidents in Dallas and what you will be facing.

Types of Fatal Work Accidents

Work accidents can occur in numerous ways like industrial accidents, construction accidents, oilfield and pipeline explosions, motorist accidents, or just by slipping and falling at the workplace. Most of the time, an injured worker can get compensated in some way or another, but the steps are often complex. There are a lot of things to consider when dealing with your case. Is your loved one’s former company protected due to workers’ compensation insurance? Was that person a contractor/freelancer or regular employee? Was your loved one’s boss acting with gross negligence? With each situation, there are different legal choices to pursue and each must be built in a completely different manner. You may be noticing by now that fatal Dallas workplace accident cases should only be handled by qualified, veteran lawyers.

Why are Work Accident Cases so Technical in Nature?

The biggest challenge that plaintiffs deal with when filing a case for a fatal Dallas job accident is workers’ compensation. Basically, workers’ compensation is insurance that protects employers from lawsuits filed by an injured employee or the family of an employee who died. This insurance is a result of pro-business lobbying done in the state legislature. Despite this challenge, a qualified fatal Dallas work accident attorney can still find ways most of the time to assist the grieving family members.

What is Gross Negligence and How Does it Differ From Standard Negligence in a Work-Related Death Case?

When examining a work-related wrongful death case, we look at two kinds of negligence: standard negligence and gross negligence. If the employer doesn’t maintain a normal Texas workers’ comp policy then the plaintiffs just have to show that the worker’s death stemmed from negligence. But if the employer does have regular Texas workers’ comp coverage then the plaintiffs have to demonstrate that the company displayed gross negligence. In this case, there’s a higher standard of proof, and that’s more difficult to show that the defendant was responsible. That’s why it’s essential to thoroughly show evidence for your allegations. Attorneys without much experience can overlook minor details that result in defendants not being punished. Thanks to our extensive knowledge and years of experience with fatal Dallas job accident cases, our team can easily show your loved one’s employer was grossly negligent and that you should get compensated.

The main difference to note here with these two kinds of negligence is that standard negligence happens usually just because of a poor lack of judgment briefly, while gross negligence is reckless and never takes safety into account. Let’s say for instance a worker is using a nail gun and it accidentally ricochets and hurts a coworker. That worker using the nail-gun probably is guilty of standard negligence. However, let’s say that worker with the nail-gun has hurt three others before with it and this was the fourth time. In that case, the worker would probably be grossly negligent since employers knew about this problem and the accident could have been prevented. Let’s use another example: a driver spaces out and isn’t paying attention because they’re texting and then causes a wreck. That driver likely could be found negligent. If an intoxicated driver or someone drag racing on the street causes an accident, then both are committing gross negligence. For an employer to be found guilty of gross negligence, that individual must have known something harmful would happen and decided not to do anything to prevent it from occurring.

Let’s use another case: An oil pipeline explodes freakishly and no one expected it but all the workers followed normal safety protocol. That would be negligence. But if several workers had told executives about a continuing to drill a certain way and the consequences that could follow, and those warnings were ignored, then the employers could likely be found guilty of gross negligence.

How Grossman Law Offices Can Help

You’re probably realizing that proving gross negligence won’t be easy most of the time. Showing gross negligence usually requires an in-depth investigation of the scene where the fatal Dallas work accident happened. Testimony must also be gathered from countless witnesses who were part of the accident, or who know a lot about the industry involved. At the same time, the employer’s defense team will be establishing its case against you. The defense attorneys don’t even have to concern themselves with negligence. They can come right out and say that your loved one’s boss was negligent, but unless you can show there was gross negligence, then you won’t get the compensation you’re seeking.

Our attorneys will make sure this doesn’t occur. When we take a fatal Dallas job accident case, we then begin an in-depth analysis of the evidence involved, and we know what steps to take to obtain witness testimonies and secure all the information for your claim. Along with that, we will look at any and every possibility for third party compensation from third parties in order to make sure anyone who’s liable is brought to justice for your loved one’s loss.

For over two decades, our professional attorneys have been assisting families that have lost someone in a fatal Dallas workplace accident. We know how to work with insurance adjusters, and we have emerged victorious in hundreds of cases. Insurance companies know about our reputation, and they usually decided to give our clients huge settlements after they discover we’ve become involved. So if you have lost a loved one in a fatal work accident, we are here to help. Call fatal Dallas workplace accident lawyer Michael Grossman from Grossman Law Offices today (toll-free at 1-855-326-0000), and let us help you make sure those liable for your loved one’s death are held accountable.