Published by Carabin Shaw – San Antonio Personal Injury Lawyers – Wrongful Death
Standard Negligence and Gross Negligence
A standard of degree separates the two types of negligence required to substantiate wrongful death lawsuits seeking compensation. Standard negligence represents a momentary lapse in judgment or focus and is required as substantiating evidence in a lawsuit brought against a non-subscriber employer (one who has opted out of carrying Workers’ Compensation Insurance). Standard negligence defines accidents that could not have been predicted, therefore could not have been avoided, and are usually covered and compensated for under the Workers’ Compensation Insurance policy of a subscribing employer. Call our San Antonio Wrongful Death Attorney now!
Gross negligence, however, represents a willful and/or intentional disregard for the safety of a worker or workers, on the part of the employer. It is necessary to substantiate a lawsuit seeking compensation in addition to that awarded under a Workers’ Compensation Insurance claim from a subscribing employer (one who has opted to carry Workers’ Compensation Insurance).
An instance of gross negligence would be that of a worker who habitually disregards the safety of others by placing toolboxes or other materials directly in the path of travel of other workers. A construction foreman who habitually fails to provide for the safety of his or her crew in neglecting to provide safety equipment appropriate for the safe execution of the duties of his or her crew would also be guilty of gross negligence. An example of standard negligence would be a commercial truck driver, or the driver of an 18-wheeler, who does not see a worker rounding a corner while executing a turn in a warehouse parking lot and causes an accident in which the unseen worker is injured or killed. Time is of the essence get in touch with our Wrongful Death Lawyer in Laredo Today!
Another example of standard negligence would be that of an accidental fire in a warehouse where a number of workers are injured or killed. In these two cases, the degree of standard negligence would apply as substantiating causes for a wrongful death lawsuit, since neither of the accidents could have been predicted and therefore avoided.
A final example of the differences between standard and gross negligence comes from an example in which 46 miners lost their lives in a fatal mining accident. In this case, the mining company was only guilty of standard negligence because they adhered to all appropriate safety rules and regulations regarding the safety of their workers and the operation of the mine. However, had they not done so, and continued their modus operandi regardless of numerous warnings of seismic activity in the area, they would have been guilty of gross negligence.
Sole Proximate Cause
Proof of either standard or gross negligence requires the knowledge and thorough investigation techniques of a skilled and experienced wrongful death attorney. Non-subscriber employers have but one legal defense against a lawsuit arising from either injury or wrongful death: that of sole proximate cause. This defense strategy seeks to prove the culpability of the deceased or an injured worker in proving that he or she was 100% responsible for his or her own death. In this strategy, the defense lawyers of the employer and the employer’s insurance company deploy their most hateful and defamatory tactics. The attorneys of our Law Office, with over twenty years of experience, have met these tactics with resourcefulness and aggression and succeeded in overturning this defense strategy to secure proper compensation for our clients’ pain and suffering. The tactic of manipulating your loved one’s reputation, and documented work habits are additional weapons in the arsenal of the defense lawyers. Weapons that the skillful wrongful death attorneys of our Law Office successfully turn against them. An experienced wrongful death attorney from our Law Office can be your shield against these tactics. We are here to put our experience to work for you in fighting for your rights and protecting the memory of your deceased loved one.
Do Not Allow Those Responsible for the Wrongful Death of Your Loved One Go Unpunished
The wrongful death attorneys of our Law Office will leave no stone unturned in assisting you to pursue compensation for the death of your loved on in a fatal workplace accident. In our fight for your legal rights, we will conduct a thorough investigation of the scene of the accident, immediately gather eyewitness testimony, and assist you in determining a legal course of action of the greatest possible benefit to you. Our capable wrongful death and workplace accident attorneys will identify all liable third parties, be your shield against the inevitable strategies of discrediting your claim for compensation, and ensure that you are awarded the compensation for the pain and loss that you have experienced. If you have lost a loved one in a fatal workplace accident, the attorneys in our Law Office are here to help. Contact the wrongful death attorneys of our Law Office today for a free consultation. Let our over two decades of wrongful death and fatal workplace accident lawsuit experience help you to bring those responsible for your loss of companionship to justice.