Arlington Texas Brain Injury Lawyers
Brain injury attorneys may assist Arlington employees who suffered head trauma at work.
Traumatic brain injuries that include outside trauma from a work-related fall resulting in injuries from a blow to the head, penetration of a foreign object, and severe banging of the head may require the services of a brain injury lawyer in Arlington to ascertain the need for litigation if insurance does not fully compensate the harmful losses associated with the fall. Falls caused 39,433 deaths in the United States in 2018 resulting in liability claims to insurance companies and litigation for wrongful death and personal injury. Experienced brain injury lawyers in Arlington Texas can file worker’s compensation claims, and initiate litigation when it becomes necessary, based on the individual facets of the case.
Safe working environment.
The Occupational Safety and Health Act (OSHA) was created to ensure workplace safety for employees. If an employer does not take the appropriate measures to make the workplace safe and an employee suffers brain injury after a fall that could have been avoided, they can face OSHA sanctions and fines, along with formal complaints and lawsuits from employees. Employers must comply with all applicable OSHA standards, the general duty clause, and the OSH Act. Brain injury lawyer Arlington can explain how OSHA may support case building efforts.
General duty clause.
“Employer, under 29 USC 654: (1) shall furnish to each of his employees, employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees; (2) shall comply with occupational safety and health standards promulgated under this Act. Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this Act which are applicable to his own actions and conduct.”
Brain injury attorneys in Arlington Texas can help you determine if you need to sue for economic and non-economic damages after a fall that leads to traumatic brain injury, but you must be able to show that negligence led to the injury and summarize the amount of damages requested. Talk to experienced brain injury attorneys at Cooper Law Firm who can allay any concerns you may have about seeking compensation for damages incurred that insurance will not pay.
Dangers caused by falls are significant.
According to data from the Centers for Disease Control and Prevention falls are costly and widespread, and often leave victims with residual debilitating medical problems, or result in death.
- One out of five falls causes a serious injury such as broken bones, or a head injury,
- Each year, 3 million older people are treated in emergency departments for fall injuries,
- Over 800,000 patients a year are hospitalized because of a fall injury, most often because of a secondary head injury, or hip fracture.
Delay in screening could increase brain damage after a fall.
Employers must make sure brain injury is treated with medical personnel as soon as possible because when brain injuries are not treated in a timely fashion and in accordance with the current standard of care available, delayed medical treatment may increase the possibility of long term brain damage, coma, or death. When victims suffering brain injury, or their loved ones feel that an accident, or medical negligence caused a brain injury, they should seek legal counsel for guidance in Arlington Texas.
Legal action after brain injury from a fall at work.
Brain injury lawyers in Arlington Texas at The Cooper Law Firm have the experience to research all relevant accident and workers’ compensation laws and can digest that information in support of case building toward damage recovery, while tracking governmental agency and court filing timelines relevant to winning award judgments. When a person experienced a brain injury that is job-related, they should hire the services of a workers’ compensation attorney experienced with brain injury litigation in Arlington Texas. A brain injury attorney in Arlington TX will act as an intermediary with the Texas Workers’ Compensation Claims Division on a client’s behalf.
Since Texas workers’ compensation coverage is optional for private employers, injured workers must first confirm that their employer has compensation insurance coverage before filing a claim. If the employer does have coverage, an attorney can assist with filing a claim through the Workers’ Compensation Commission. If they do not, legal remedy for damages may include a personal injury lawsuit against the employer for negligence that led to your injury. Even if the employer does not carry worker’s compensation insurance, work-related injuries must be reported to the Texas Department of Insurance Division of Worker’s Compensation.
Statute of limitations.
After an on-the-job brain injury accident in Arlington, it is important for victims to understand that they only have a limited time to take legal action against the negligent parties. The Texas statute of limitations for personal injury and wrongful death actions is two years from the time of the injury, or death. Government entities require a shorter filing time at 180 days for tort claims and cap damages, depending upon the government unit involved. The state and municipalities allow up to $250,000 per person and $500,000 per incident. All other levels of government allow for $100,000 per person and $300,000 per incident.
Personal injury lawyers in Arlington can assist in the recovery of compensatory damages requested for lost wages, medical bills, medical care, and treatment, plus household expenses, and non-economic loss for pain and suffering, loss of consortium, or companionship. Exemplary (punitive) damages are contingent upon proving that a defendant deliberately, with reckless disregard, acted in a manner to cause harm to another person. After compensatory damages have been awarded, punitive damages must be sought in a separate case. Texas law limits that amount to two times the actual damages up to $750,000 in total damages, or $200,000. Arlington TX Brain injury lawyers at the Cooper Law Firm can objectively speak on a Arlington accident victim’s behalf in a courtroom, and work toward damage recovery.
Cooper Law Firm
N. Eric Cooper
Address: Arlington, TX
Telephone ; (903) 297-0037
Toll-Free: 1-855-297-HURT (4878)
Facsimile: (903) 236-0035