The Legal Information Institute defines negligence as a failure to behave with the level of care that a reasonable person would have exercised under the same circumstances. While the behavior in question usually consists of actions, it can also consist of omissions when there is some duty to act.
When attempting to ascertain whether a person’s conduct or behavior lacked reasonable care, lawyers will consider the four elements that are required to establish a prima facie case (a legally required rebuttable presumption). The elements are:
When it comes to a construction site, your employer, contractor, and co-workers owe you a general duty of care and must conduct themselves in a reasonable and prudent manner. This duty of care can also extend to the owners of the property that is under construction, any transportation companies responsible for transporting materials to the site, as well as the manufacturers of machinery and products being used in the construction project.
If any of these parties acted in a way that contributed to your injuries, you may have a case for negligence.
When working to determine whether negligence resulted in your accident and injuries, your attorney will often apply what is commonly called the “but-for” test. In a statement, that would be “but for the actions of the defendant, my client would not have suffered his injuries.”
If the statement is true, your attorney will have established cause-in-fact or “actual cause.” This is then strengthened through investigation, the gathering of evidence, and interviewing witnesses. Your attorney may also incorporate the help of expert witnesses to help prove negligence and discover if the actions of the defendant violated federal or state regulations.
Expert witnesses often used in Texas construction accident cases include:
These experts can provide detailed information about a construction accident. Because of the experts Thomas J. Henry uses, we are able to bring in information that many other law firms lack. We use a multitude of expert witnesses, putting you in the best position possible to achieve the compensation they deserve.
There are certain steps you can take to help preserve your rights as a victim of a workplace accident. By following these guidelines, you can put yourself in a better position to achieve the compensation you deserve for your injuries. If you suffered a work injury, follow these steps:
If you or a loved one were injured on the job, contact Thomas J. Henry. Workplace accident victims deserve quality, dynamic representation from attorneys with the experience and legal resources to properly develop their case. Oftentimes, workplace injuries are severe and debilitating and put individuals out of work for an extended period of time.
Our work accident lawyers will take immediate action on your case and make sure you are comfortable and informed throughout the entire legal process. Contact us today for a free case review. Our firm has offices in Corpus Christi, San Antonio, and Houston, serving clients across Texas and nationwide.